MSE News: 70,000 ESA claimants to be repaid...

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Former_MSE_Callum
Former_MSE_Callum Posts: 696 Forumite
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edited 21 March 2018 at 2:45PM in Benefits & tax credits
About 70,000 people on employment and support allowance could be in line to receive up to £20,000 each after being underpaid by the Department for Work and Pensions...
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'70,000 ESA claimants to be repaid £1,000s'
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  • BorisThomson
    BorisThomson Posts: 1,721 Forumite
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    The majority of those owed are thought to be due around £2,500 but some people will be owed significantly more and the DWP has committed to correcting its error and paying arrears by April 2019 - though arrears will only be paid dating back as far back as 21 October 2014.

    Will MSE be launching a campaign to overcome this injustice?

    Will MSE also be running a story on the DWP's (successful) legal efforts to block benefit tribunals ruling on human rights abuses?
  • Danday
    Danday Posts: 436 Forumite
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    BorisThomson wrote: »
    Will MSE be launching a campaign to overcome this injustice?

    Will MSE also be running a story on the DWP's (successful) legal efforts to block benefit tribunals ruling on human rights abuses?

    I doubt it unless someone wants to cough up the funds to take on the issue. As for the Human Rights situation, what on earth has that got to do with offering advice on benefits? Even more so the Tribunal is not best placed to hear those arguments. Thankfully we are leaving Europe and I hope that along the way we bring in our own version of what rights our government think we should have dumping the Human Rights in the bin. It has been one of the most abused form of legislation that I have known.
  • phillw
    phillw Posts: 5,594 Forumite
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    Danday wrote: »
    Thankfully we are leaving Europe and I hope that along the way we bring in our own version of what rights our government think we should have dumping the Human Rights in the bin. It has been one of the most abused form of legislation that I have known.

    I think it's pretty clear what rights the current government think we should have, or they wouldn't be secretly taking them all away. The EU was the only thing saving us.
  • Danday
    Danday Posts: 436 Forumite
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    phillw wrote: »
    I think it's pretty clear what rights the current government think we should have, or they wouldn't be secretly taking them all away. The EU was the only thing saving us.
    Saving us from what? a piece of legislation that allows criminals to seek sanctuary here when in fact they should be deported?
  • TonyB707
    TonyB707 Posts: 1 Newbie
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    Unfortunately I'm owed my ESA miss payment, I have been underpaid since 2012
    But the government will only pay back to the end of 2014 (October).
    So that is two years of entitlement lost, and on top of being wrongly paid I have had to pay for all my dental and opticians treatment, which would have been paid for on the right ESA, this is also money I will never see again.
    So yes I will get some money back (which is owed) but it is not all that I am entitled too.
    Thank you for serving your country now we will shaft you !!
    I bet if I owed them money they could find the records and go back far enough
  • BorisThomson
    BorisThomson Posts: 1,721 Forumite
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    TonyB707 wrote: »
    Unfortunately I'm owed my ESA miss payment, I have been underpaid since 2012
    But the government will only pay back to the end of 2014 (October).
    So that is two years of entitlement lost, and on top of being wrongly paid I have had to pay for all my dental and opticians treatment, which would have been paid for on the right ESA, this is also money I will never see again.
    So yes I will get some money back (which is owed) but it is not all that I am entitled too.
    Thank you for serving your country now we will shaft you !!
    I bet if I owed them money they could find the records and go back far enough

    It's not that they cannot find the records. This is an active choice of the DWP not to pay, they're relying on case law to limit the backdating.

    Sadly the forum team didn't respond to my suggestion that they take up this issue.
  • speedfreek1000
    speedfreek1000 Posts: 386 Forumite
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    http://www.cpag.org.uk/content/charity-takes-legal-action-against-dwp-disabled-claimants%E2%80%99-arrears

    Active claims.....

    2014.......


    It's Official error which gives arrears paid a not countered for current benefits entitlement for life! Unless the DWP are right :rotfl:

    There's quite a few challenges on the backdating which the DWP are conceding to stop a UT ruling.

    Go go UT ruling GO CpaG :T
  • 50Twuncle
    50Twuncle Posts: 10,763 Forumite
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    edited 18 October 2018 at 10:10AM
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    What's the odds that when the money is paid to those unfortunates who lost out in the first place - that DWP will stop payments to many - if it takes their savings to over £6k ?
  • poppy12345
    poppy12345 Posts: 17,963 Forumite
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    50Twuncle wrote: »
    What's the odds that when the money is paid to those unfortunates who lost out in the first place - that DWP will stop payments to many - if it takes their savings to over £6k ?
    Backdated payments are disregarded for 52 weeks for means tested benefits.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    poppy12345 wrote: »
    Backdated payments are disregarded for 52 weeks for means tested benefits.

    A statement was made in the House of Commons in July that the arrears arising from these cases would be disregarded for other benefits. This could be interpreted as an indefinite disregard but i can't find anything to confirm what has been put in place.

    https://hansard.parliament.uk/commons/2018-07-19/debates/A7EEF60F-884F-413C-AB6C-CD1226E483D6/ESAUnderpayments
    Right near the end:

    Sarah Newton - "The hon. Lady raises a very important point. I am more than happy to put it beyond any doubt for people who are receiving payments for these underpayments that those payments will be disregarded for the purposes of other benefits."
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
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