Awarded DLA but.....

Jimmydafish

So approx 4 months ago I was awarded low rate mobility, middle rate care. I recieved a letter telling me I may be entitled to severe disability premium. To me it looked like a form I would fill in to get a carer. An official DSS channel confirmed this via a phone call and a friend confirmed the form looked like it was for the benefit of whoever was caring for me.

I thought, well Im a single guy, mental health problems, live alone, no one cares for me. I even tried to get family to pop in and check up so I could designate them the carer, but they were all petrified of it affecting their tax credits or some other benefit. 3 weeks later someone tells me I tick the first box and the premium is for my benefit not a carer. I was stunned, basically at being deliberately or accidentally given false info from a dss call.

Unfortunately because of my illness ( I am a danger to myself and others around me) I was knocked over and recieved a quite bad head injury. I totally forgot to post the form. The time it took the dss to post and for me to fill it out and send back must be in the region of 3 months. I sent the form away, explaining the situation and if entitled would they consider backdating to my DLA claim which was Early Aug or Sept. I think the latter (id have to go dig out all the paper work. Anway was my birthday 27 th December (which sucks) combined presents (and cards sometimes) and my sister put £30 in my account. I thanked her then today £97.80 appeared. Called the bank who said the deposit was made by ESA. My next ESA payment is due 8th Jan, so I am assuming they have awarded a disability premium. However does this mean they have refused to accept the reasons i put in a note explaining the delay and handing the form in.

Any insight or rights I may have on this would be most appreciated. I hear a lot about backdated only going as far back as 3 months max. I was already in reciepit of I/S I/B recently changed to esa and was in the work group up until the dla award and for all i know still am and havent been moved to the support group. I sent the form away just before xmas. Maybe the 21st or so. Would this £97 seem to be an award from that date until well......it went in my bank on the 31st. Will I be looking at an appeal to get the premium backdated to my DLA award. I cant even prove DSS gave me worse than bad advice, they gave me wrong advice. And like I said I also delayed posting the form as I was hit by a car. Didn't have an overnight stay. Stitched up (glued up actually) Bandaged sent home and told to be watched for concussion.

benefitbaby

If you are in receipt of income related ESA they should be able to backdate the SDP to the date your DLA MRC was awarded without any problem.

I have had clients backdate SDP going back years with no difficulty so I don't think this is an issue. I think it more likely that JCP have not even processed your SDP claim form yet, you may want to call and check they have it and ask for an estimate on how backed up they are on processing post/claims.

Mojisola

Jimmydafish wrote: »

I recieved a letter telling me I may be entitled to severe disability premium. To me it looked like a form I would fill in to get a carer. An official DSS channel confirmed this via a phone call and a friend confirmed the form looked like it was for the benefit of whoever was caring for me.

If you have a carer who claims Carer's Allowance, you can't get SDP.

If you don't have anyone claiming CA, you get the extra money yourself.

Jimmydafish

benefitbaby wrote: »

If you are in receipt of income related ESA they should be able to backdate the SDP to the date your DLA MRC was awarded without any problem.

I have had clients backdate SDP going back years with no difficulty so I don't think this is an issue. I think it more likely that JCP have not even processed your SDP claim form yet, you may want to call and check they have it and ask for an estimate on how backed up they are on processing post/claims.

Its this mystery ESA payment on the 31st of Dec I cant get out of my head. £97.80. I mean it came in real handy dont get me wrong. But would they just pay without sending a letter telling you that you are indeed entitled. And even then, would they start paying after deciding to award the premium and not bother about the backdated money even though I put a 2 page letter about being mis informed, and hit with a car.

It's a bit puzzling to me. I'm in Glasgow so I imagine the offices all open on the 3rd. It's not exactly the same as England I know that.

Newly_retired

Especially at this time of year I think it is highly likely to get money in your bank before a letter arrives. When you get a letter it will tell you what the decision is- and you have one month from the date of that letter to dispute it if you are not happy.