Problem with ESA claim after migration from IB since Nov 2011

Onearmedbandit_2

Hi I am hoping someone can help. My husband called ESA this morning to ask for something in writing to state that I am part of his claim as I have been since 2007.As the college I am going to be attending from Sept need this as proof to waiver the fees.

However when he called, the advisor said there appears to have been a problem as when they migrated him in November they had not added me,therefore we have been underpaid by £40 a week.
He said that he will send out the forms today and that I will be added on no problem and they will look into backdating the money. I was wondering how far back they can do this?
Is it 3 months or the full 10 months,as it would it appear it was an error on their part as I was part of his earlier claim.

I know I was on his IB claim as I had to have the same kind of letter to prove to college I could do a course in 2010.(Which I ended up not doing as DH was too ill and could not be left alone)
Hope someone can help. Many thanks.

rogerblack

It can be backdated the full 10 months, unless they wish to argue that you must have known that you were being paid the wrong amount.

epitome

You weren't on his IB claim you would have been on his IS top-up claim assuming he had one of those.

So how much has been getting paid till now on ESA?

Yes they should be able to sort it out. Why didn't you complain that his benefit amount had reduced?

mikey_bach

You should be added from the date of the ESA claim and arrears paid
Its strange how they missed you out.

Onearmedbandit_2

He was receiving an income support top up. But he was on Ib so thats what I meant. The payments had altered a lot as we were repaying social fund loans ,its only now that they are paid off that the amount seemed lower. He receives a higher amount than is generally paid on esa as he has some kind of protection with him being migrated.
To be honest if it hadnt been for needing the letter we would never have known. It was the gentleman on the phone that said an error must have been made in November and told us to fill the forms in and put in a covering letter.
What I don't understand is that a woman from esa phoned me in July to tell me that as I was on my husbands claim and he receives the support component that there was no need to worry about the benefit cap in April 2013 as it will not affect us?
But why would they have done this if I was not named on the claim?