Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • pampam
    • By pampam 14th Jun 17, 7:28 AM
    • 394Posts
    • 67Thanks
    pampam
    Back dated ESA ?
    • #1
    • 14th Jun 17, 7:28 AM
    Back dated ESA ? 14th Jun 17 at 7:28 AM
    I am looking for advice as to the possibility of asking for backdated ESA payments due to being given the wrong information regarding a claim. I will explain the situation as briefly as possible so please bear with me.

    3 years ago my friend was knocked down by a hit and run driver on a pelican crossing.
    He has an ongoing claim with the Motor Insurance Bureau but but no offer of compensation to date as a final prognosis has not yet been given as his treatment is ongoing..

    At the time of the accident he was self employed as a plumber.
    He has been unable to work since the accident due to his injuries.
    Following the accident he contacted the DSS to enquire about claiming ESA.
    He was told that he couldn't claim ESA as he was Self employed.

    Because he has been unable to work he has lost his business and is in danger of losing his home as he cannot meet the mortgage payments.

    2 years ago he applied for and was awarded the higher rate of PIP's.

    At a recent Atos review for the PIP's he was told that he had been given wrong information and there was no reason that he couldn't claim ESA and was advised to apply.

    He has now been rewarded ESA but has been told that he will not get any help towards his motgage until 39 weeks have passed.

    Do you think there is any possibility that, under the circumstances there may be a possibility of the claim being backdated to the time of the accident? He has sick notes from his GP dating back as he needed them for tax purposes.

    If you think he has a chance could someone tell me the best way to go about asking for this to be looked at please.

    I apologise for the long post but I hope it makes sense and that someone can help.
    Thank you
    Pam
Page 1
    • TELLIT01
    • By TELLIT01 14th Jun 17, 8:05 AM
    • 3,721 Posts
    • 3,790 Thanks
    TELLIT01
    • #2
    • 14th Jun 17, 8:05 AM
    • #2
    • 14th Jun 17, 8:05 AM
    Additional backdating can be considered when incorrect information has been given. The problem is likely to be proving what he was told. He must have been given that information in writing for there to any realistic likelihood of the backdating being agreed.
    He could try sending in a letter of complaint about the initial wrong information and see what happens from there. He has nothing to lose by trying.
    • pampam
    • By pampam 14th Jun 17, 8:16 AM
    • 394 Posts
    • 67 Thanks
    pampam
    • #3
    • 14th Jun 17, 8:16 AM
    • #3
    • 14th Jun 17, 8:16 AM
    The incorrect information was given by a female who answered the phone on the 0800 number.
    He has nothing in writing unfortunately.
    Thank you for your input x
    • pmlindyloo
    • By pmlindyloo 14th Jun 17, 8:24 AM
    • 10,586 Posts
    • 12,485 Thanks
    pmlindyloo
    • #4
    • 14th Jun 17, 8:24 AM
    • #4
    • 14th Jun 17, 8:24 AM
    Is it possible that he was told that he was not entitled to contribution based ESA as he had not paid class 1 NI contributions when self employed and that his savings/capital/partner working meant he was not eligible for income based ESA?

    You need to check your friend's circumstances at the time of the claim to make sure that the information given was incorrect.
    • pampam
    • By pampam 14th Jun 17, 8:35 AM
    • 394 Posts
    • 67 Thanks
    pampam
    • #5
    • 14th Jun 17, 8:35 AM
    • #5
    • 14th Jun 17, 8:35 AM
    My friend lives alone and at the time of the phone call his savings were well under the £16000 threshold.
    I was present when he made the call and he was quite clear in the information he gave.
    With regard to the contributions I believe he paid class 2. In fact I think he must have done as he has been awarded ESA now.
    Thanks x
    • IAmWales
    • By IAmWales 14th Jun 17, 10:26 AM
    • 1,000 Posts
    • 2,162 Thanks
    IAmWales
    • #6
    • 14th Jun 17, 10:26 AM
    • #6
    • 14th Jun 17, 10:26 AM
    Is this your (ex) partner?

    If so you were advised by pmlindyloo at the time that he would be eligible for IB ESA. Did he actually make an application and was refused?
    • TELLIT01
    • By TELLIT01 14th Jun 17, 11:04 AM
    • 3,721 Posts
    • 3,790 Thanks
    TELLIT01
    • #7
    • 14th Jun 17, 11:04 AM
    • #7
    • 14th Jun 17, 11:04 AM
    The incorrect information was given by a female who answered the phone on the 0800 number.
    He has nothing in writing unfortunately.
    Thank you for your input x
    Originally posted by pampam
    I think all calls to the 0800 number are recorded, but I don't know how long recordings are retained for. I doubt it will still be available after 3 years. If your friend can recall the date of the call it would help when contacting DWP to make a formal complaint.
    Sadly, being provided with inaccurate information by the call handlers isn't uncommon, and they should not tell people that they can't claim. Anybody who is ill / incapacitated can make a claim for ESA, and whether that claim results in any entitlement to benefit will be determined at the processing centre - not at the call centre.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,938Posts Today

9,360Users online

Martin's Twitter