ESA appeal

manormachine

Hi folks!
New here & need some advice. I claimed ESA in Nov 2011 and DLA in August 2012. I was granted high rate mobility and medium rate care allowance for 2 years. My medical assessment with the HCP was in August 2012. I scored zero points. I appealed to the DWP and scored 12 points. I asked for an oral hearing which I attended today and was immediately awarded 15 points. I suffer from arthritis in my spine and knees. Since Nov 2011 I have been paid a contribution based rate less a small amount for a pension I also receive from a past employer (medical) What happens next in relation to the rate allowance and future payments. Will the DWP have to pay me arrears?
Thanks in advance for your help.

rogerblack

The tribunal sits in the seat of the original decision-maker.
It's as if that original DM back in august 2012 had decided the other way.
You are (mostly) put back in the condition you would have been had it gone the other way.
You will get payment of any arrears - of the difference between the rate you were paid during appeal - if any - and the work-related group rate.

As to what happens.
Your last assessment was in Aug 2012 - effectively - a fresh one could be done at any time.
If the DWP decide to contest the result of the tribunal, then it may take some time more to be paid.
(Assuming that they do not win their appeal to the upper tribunal)

manormachine

Cheers!
So effectively, they will have to pay me WRAG rate from 14 weeks after the claim date...around Feb 2012 until present date. Will the DWP now decide what group I should have been in? I can't see them placing me in the support group for the past 18 months...

epitome

If you have been getting ESA payments on appeal for more than a year then you are in Income Related not Contributions Based. And it will be as you say from the14th week to the present day and going forward.

If you currently get nothing and payment stopped after 1 year then you will get WRAG arrears from 14 week until the 365th day, you will get nothing after the 365th day.

manormachine

Thanks folks!
I still receive a contribution based rate of ESA. I have never had an income related rate as I get a weekly pension which exceeds the £85 threshold. Week 14 would have been around the end of Feb 2012. Will the DWP have to pay me the WRAG component (£28) weekly arrears from then?
I'm a bit confused.:question:

epitome

This does not make any sense. ESA C should have stopped paying you after 365 days.

What is your marital status & are you over 25?

How much ESA have you been getting paid?
Your award amount and the amount you actually receive every fortnight?
How much pension do you get?

No worries though the BDC will shortly get your Appeal notice and if you are still getting ESA C they will soon put a stop to it and investigate the overpayment..

manormachine

Well....I'm over 25 and married. I receive £105 pension. I was awarded a contributions based rate of £71.70. I receive £61.70. These are all weekly figures. I received a notice in October 2012 informing me that following my assessment, I was no longer entitled to ESA. After I appealed, I received another letter stating that I would continue to receive contribution based ESA at the assessment rate until my appeal was heard. From time to time, I get a letter from the ESA reminding me that I am not entitled to income related ESA as our household income is more than the minimum amount the Government says I can live on. I have only ever made one claim for ESA and continue to send in sick lines as they ask for them. I hope this explains my situation, but it is what it is.

HB58

Contributary ESA is only paid for 365 days unless the recipient is in the Support Group. I don't understand why you have still been paid after your 365 days, payment should have ceased even though you were awaiting appeal.

I fear that you might have received overpayments that DWP will try and reclaim. I don't know where you stand in relation to this as the overpayment, if there was one, seems to have been their fault.

manormachine

Well....I'll certainly let you know what happens next. :beer:

epitome

It's really weird because the computer automatically stops your ESA C payments after 365 days. In your case it hasn't done so.

You will be entitled to 273 days arrears of WRAG @ £28.15 /week (inc a few weeks at the older rate of £26.?? per week)
There will be an overpayment from the 365th day to present day

They may send a letter saying overpayment is being witheld whilst they investigate any overpayments.

Work out the above arrears and if you do not recieve the full amount you should challenge their decision to make you pay back the overpayment out of your arrears.... It is their mistake and you therefore have no obligation to pay it back. It should be recorded as "wholly official error overpament" and written off.

Your claim will then remain open for "National Insurance credits only" on a nil rate £0.00

manormachine

epitome wrote: »

It's really weird because the computer automatically stops your ESA C payments after 365 days. In your case it hasn't done so.

You will be entitled to 273 days arrears of WRAG @ £28.15 /week (inc a few weeks at the older rate of £26.?? per week)
There will be an overpayment from the 365th day to present day

They may send a letter saying overpayment is being witheld whilst they investigate any overpayments.

Work out the above arrears and if you do not recieve the full amount you should challenge their decision to make you pay back the overpayment out of your arrears.... It is their mistake and you therefore have no obligation to pay it back. It should be recorded as "wholly official error overpament" and written off.

Your claim will then remain open for "National Insurance credits only" on a nil rate £0.00

So....I received a letter last week stating that arrears amounting to £2200 (+ odds) had been calculated but was not being paid as there maybe an overpayment. After the mandatory 5 days, I contacted the DWP who told me that this was a standard letter and there was no problem with my case.
I have now been paid the WRAG component x 81 weeks. The 365 days does not apply whilst I was awaiting appeal.
This is what I have been told by the DWP and the arrears are in my account. :T