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ESA Back Pay

linzande
Posts: 5 Forumite
Hi guys,
New on here but any help would be greatly appreciated.Partner won his Esa appeal last week 4/3/11. He applied for Esa back in 09/2008 and got the basic for 14 weeks i think. Then they asked him to go for the medical-which he did.They unbelieveably gave him zero points.Since then he has recieved not a penny in benefit off them and has fortunately had savings and the generous charity of family to live off.Anyway The medical was in 02/2009 so it's been over 2 years to get to tribunal where incidently they gave him all the points he required.Question is can we really expect a back pay of 25 months+ (we still haven't heard from them yet so the time goes on!).Just to make it clear they wouldn't pay him a bean not even the basic while on appeal.We find it very hard to believe that after everything we've been through over the last few years that the DWP will back pay just over 9 grand( 90 pound x 52 weeks x 2 = 2years ESA).I'd like to hear what you think as we are sceptical.
Anyone going through this now i feel for you i really do we were lucky in terms of savings and close family i don't know how we'd of managed without it. Good luck Linz and e
New on here but any help would be greatly appreciated.Partner won his Esa appeal last week 4/3/11. He applied for Esa back in 09/2008 and got the basic for 14 weeks i think. Then they asked him to go for the medical-which he did.They unbelieveably gave him zero points.Since then he has recieved not a penny in benefit off them and has fortunately had savings and the generous charity of family to live off.Anyway The medical was in 02/2009 so it's been over 2 years to get to tribunal where incidently they gave him all the points he required.Question is can we really expect a back pay of 25 months+ (we still haven't heard from them yet so the time goes on!).Just to make it clear they wouldn't pay him a bean not even the basic while on appeal.We find it very hard to believe that after everything we've been through over the last few years that the DWP will back pay just over 9 grand( 90 pound x 52 weeks x 2 = 2years ESA).I'd like to hear what you think as we are sceptical.
Anyone going through this now i feel for you i really do we were lucky in terms of savings and close family i don't know how we'd of managed without it. Good luck Linz and e
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Comments
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If the tribunal has found in your favour there is no reason why they wouldn't pay all the backdated benefit.
A bit curious about not paying reduced benefit though.
Was it Contribution or Income based ESA....
It's just with you mentioning savings, if this was over £6000 it could affect benefit (Income Based)Forums can be/are a good guide to entitlement and it is good practice to back it up with clarification from the relevant department/specialist with written confirmation to safeguard yourself.0 -
How come I have been on ESA for 12 months and still on the basic rate?
mine is contribution based0 -
How come, haven't you had an assessment, surely should be in the work related assessment group by now, an extra £25.95 on top of £65.45Forums can be/are a good guide to entitlement and it is good practice to back it up with clarification from the relevant department/specialist with written confirmation to safeguard yourself.0
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hi allen35,
Yes it was income based there was no issues at first he would get his sick notes, send them in they would send him a giro.We never claimed benefit before so just thought he had to keep doing that and that was it.DWp weren't very informative just told him he was not fit for JSA (he has degenerative spinal disease) and to claim ESA so he did.They told him to attend the medical he did and got no points so appealed. Then we heard nothing so having spoken to them numerous times the answers varied from bizarrely: he needs to put in a new claim,he must wait 6 months and claim again or basically they will call back as they don't know and never do.Basically they don't care your just another nuisance to them.In terms of savings he has none left it wasn't more than 6 grand though and luckily i have a job which doesn't exactly pay well but it's got us by.Thanks for your feedback though anything is helpful the benefit system is a nightmare.We've met one or two very helpful people at the DWP but alot of very rude and unpleasant people too may be they should spend more time on recruiting people who know what its like who will understand instead of those who don't!We just daren't start believing they may give him such a large back pay it would be like winning the lotto after everything.My thanks to you again.0 -
Hi guys,
<snip>
Anyone going through this now i feel for you i really do we were lucky in terms of savings and close family i don't know how we'd of managed without it. Good luck Linz and e
Don't forget the winter fuel payments (if in a cold area), Christmas bonuses, which will add a little. Also - as I understand it, the support (or work-related) rate goes back to the date of the initial claim, so 40*14 weeks too.
Council tax paid over this period may be reclaimable - I'm unsure if you can go back further than 6 months with this though.
I was wondering if this might be treated as capital, leading to problems in future.
http://www.dwp.gov.uk/docs/dmgch52.pdf - seems to say not - see 52510 - >5K, and it's disregarded for the life of the claim.
(this assumes it's income related ESA, I can see no similar provision for contributory)
Congratulations!
Also - 2 years! Did this go all the way to the upper tribunal, or were there other reasons for the extensive delays?
And usually, you'd get paid for the period of the appeal, at the assessment rate - was there a reason this diddn't happen?0 -
hi melbi_uk,
Are you appealing against the medical assesment?have you had one? i am under the impression that if you appeal against the decision of the medical they can pay you basic rate until they hear your appeal but for some unknown reason this doesn't happen for some people there doesn't seem to be a reason for it but they get nothing at all like we did.Anyone know why this is?0 -
Are you classed as a couple ie living together.
You say you have/had a job Linz, this income would of been used as a calculation if your joint income was above £128.70 on todays rate for a couple with a partner in the WR assessed group.
Therefore if the above apply's you may not be entitled to as much back pay as you think.
Sure someone else will confirm details soon.Forums can be/are a good guide to entitlement and it is good practice to back it up with clarification from the relevant department/specialist with written confirmation to safeguard yourself.0 -
How much is employment and support allowance (ESA)
The amount of ESA that a claimant will receive depends on:-- whether s/he is in the first 13 weeks of the claim (the assessment phase). After the first 13 weeks, s/he will be entitled to an extra component, either the [URL="file:///C:/Program%20Files/AdviserNet%20CD/AdviserNet%20EW%20files/09070000_EWSNI_EMPLOYMENT_AND_S.HTM#work-related_activity_group"]work-related activity component[/URL] or the [URL="file:///C:/Program%20Files/AdviserNet%20CD/AdviserNet%20EW%20files/09070000_EWSNI_EMPLOYMENT_AND_S.HTM#support_group"]support component[/URL]. However, if a client's incapacity benefit, severe disablement allowance (SDA) or income support is converted into ESA between 1 October 2010 and March 2014, her/his ESA will include either the work-related activity component or the support component from the beginning of her/his ESA entitlement.
Forums can be/are a good guide to entitlement and it is good practice to back it up with clarification from the relevant department/specialist with written confirmation to safeguard yourself.0 -
hi melbi_uk,
Are you appealing against the medical assesment?have you had one? i am under the impression that if you appeal against the decision of the medical they can pay you basic rate until they hear your appeal but for some unknown reason this doesn't happen for some people there doesn't seem to be a reason for it but they get nothing at all like we did.Anyone know why this is?
12 months ago I phoned a number given to me by my GP to claim ESA. They dealt with it over the phone. A couple of days later I received a letter saying my ESA had been accepted, or something along those lines. Then a few weeks later I received a form to fill in. (That took me almost to the dead line to deal with due to not being too well and so couldn't face the form)
I got paid the 2nd week after I rang them and heard nothing since until 2 weeks ago when some guy rang and asked me to attend a medical this coming Monday.0
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