ESA back pay after success at Tribunal

sja75

LOL... I am sure my senile state has being affected also.

epitome

Hi, This has sparked my interest

My understanding..
You can't get the freebies if you have an "underlying entitlement to IR".
But lets have a look at what we might mean by an "underlying entitlement to..."

I think I have used the phrase "with an underlying entilement to IR" (WAUETIR) myself. What I would have meant was that you had already been assessed for both. You will always get the Conts first until it runs out or until you need to swap for other reasons to the IR. But whilst you are on the Conts you do not get the freebies without an HC1. If you applied for SDP premium WAUETIR, you would get it without the need for an ESA3, but as soon as you got it you would be classed as IR and would no longer need your HC1.

On the other hand an "underlying entitlement to Conts" where for example, someone claims for their partner and the partner's income brings the total IR down to a level below the Conts award amount, the claimant would be classed as "being on IR" and get the benefits of being on IR but the claimant would always get the Full Conts amount no matter what the income brings the IR amount down to. So I would say this was "an underlying entitlement to Conts"

sja75

Did I imagine it or was there a post on here from BenefitBaby regards SDP last night?

sja75

Thanks Epitome, my phone didn't display the entire thread a moment ago, weird...

sja75

Hi Epitome

I am just reviewing the info you Muttley and BenefitBaby has posted atm... It's slowly going in, I think.

Please don't think I am being rude for a non response at this time, thanks.

epitome

I'm not expecting a response.

sja75

Just to update...

I received a letter from the DWP today dated 15 November 2012 stating they have paid £2625.50 into my account for the period 19 October 2011 to 6 November.

That period is spot on, the amount appears correct?

Albeit having checked my account, no payment has being made. Is there a payment processing time?

Additionally I am due to be paid today, my last payment was on the 6th. Should I be expecting a payment of around £240.00 or should it be for around £340.00? The £100.00 difference or so would be for the period 6 November to the 20th, if I understand this correctly.

As advised on this thread, I didn't need to do anything. Ironically I was going to call them up today to check progress. My Tribunal was on 31 October, quick turn around!

Muttleythefrog

To be honest this is possibly easier for you to work out than us. I presume you've got a letter saying what you will now be paid. And I presume you know what you have been getting paid in the period 19 oct 2011 to 6 nov 2012. So what needs to be done is difference between what you now get paid and what you have been paid mutliplied by the number of weeks of the period should be approximately correct (there'll be some erro due to odd day and april change in rates etc).

The period is what... about 54.5 weeks. Let me do things backwards... 2625.5/54.5 = 48.17. So they've backdated monies of about £48.17 per week. Now support group is currently £34.05 and enhanced disability premium (disability income guarantee) 14.80. If you adjust for the fact those rates were lower for half of the period in question (due to annual changes in April) then this would match the backdated payments assuming you've been getting assessment rate ESA while waiting for this appeal. So if the difference between what you've been getting and are getting is the support group component and the EDP (because you get IR ESA Support group) then it seems right.

I don't know regarding the adjustment of payments. I'm sure they'll get it right.. so unless odd payments go in this month then sit back and decide how to spend your money..lol

sja75

Hi Muttely

Yes your correct... It seems to balance.

Checked online banking today and it has being processed and my award has being adjusted accordingly as you advised.

As for how to invest. I shall certainly be donating some to two local charitable organisations whom has helped in my circumstance (MIND and Action for Advocacy). I haven't thought all too much beyond that (honestly, really LOL). Albeit I may have to force myself into a Chinese this evening unfortunately.

Thank you very much once again P (along with RogerBlack, Epitome and BenefitsBady)....You are a gent, the site needs more like you and long may you continue to give the effective advice you have afforded myself.

Have a pleasant evening.

osdset

With regard to back pay, I won at appeal on the 2nd Aug 2012, one month later the DWP still had not received the notification from the tribunal so I had a copy of my notification faxed through to them via JCP, the DWP were adamant that they did not receive that either, I ended up having to scan my copy, convert it to a PDF document and e mail it over direct to the appeals section of the DWP.

It took a further seven weeks for them to process the information, place me into WRAG and issue the back pay.