Income error, ESA, help please, I'm stuck!

LL30

Hi everyone,

Continuing from my ongoing ESA saga. I have been in receipt of ESA (C) since Feb last year but they had calculated my income incorrectly. I have only just noticed this and sent a MR letter. This morning I have had confirmation that they did do the sums wrong and I am now entitled to a small amount of ESA (IR).

They have decided that from my uni funding they must take into account £84.90, putting my under the 'amount I need to live off' (£100.15 - WRAG). So, my question is:

Does this mean I should have received an IR top up for the year I was on ESA (C)?

I'm not quite sure if I'm understanding this right. If it does, I will apply for a revision due to an official error for the backdated monies. The big issue is that if I had been entitled to a small amount of IR, I wouldn't have had to pay any rent, and thus would have to appeal HB for the last year.

Any help appreciated, I'm hoping it doesn't mean I was entitled to the IR top up tbh, as it's such a hassle trying to sort these things!

rogerblack

longtomboy wrote: »

You managed to live on what you did get as well as paying your CT and rent. So maybe you did get the right amount for you in the past and didn't need anymore?

Please read and understand https://forums.moneysavingexpert.com/discussion/365935

' Its about helping people get their entitlement! Not about benefits policy!'

pmlindyloo

longtomboy wrote: »

My point had nothing to do with benefit policy!

I thought the benefit system was geared up that if you had managed to live and pay your way on what you got, the DWP could argue that entitlement to anything more for that earlier period wouldn't be allowed?
Is it not like not making a claim for income Support or whatever you call it now but still being able to pay your way without it, then putting in a claim asking for it to be backdated on the basis that if you had made a claim you would have been entitled to it. They wouldn't backdate it as you had managed to get by without it?

I know that that is the case in that for about 9 months we would have been paid Council Tax benefit but did not claim it. When we did make a claim and submitted the evidence going back for those 9 months, the vast majority of the backdated claim was refused as we clearly didn't need it although we were entitled to it.

What you say is quite true.

Benefits are not backdated if you didn't claim for them at the time. Not being aware of the system isn't a good cause for not claiming at the time.

The OP's situation is completely different. She did claim at the right time but because of an official error they didn't pay the correct amount. Therefore the OP can ask for the 'extra' to be backdated to the date of the original claim.

Plus since this 'extra' means that she should have been receiving more HB then she can ask for this to be backdated too.

tomtontom

longtomboy wrote: »

Thankyou for that.
So it seems that if we (the ordinary punter in the street) doesn't make a claim out of ignorance or otherwise there is no backdating allowed, yet if the DWP/Council make a mess of things backdating is allowed?? Why are they allowed to make mistakes and have it one way, but for the rest of us who know !!!!!! all about benefits lose out?? Doesn't seem very fair to me.

I get the impression you know a great deal about benefits and maximising your entitlement!

cbrown372

longtomboy wrote: »

You managed to live on what you did get as well as paying your CT and rent. So maybe you did get the right amount for you in the past and didn't need anymore?

I'm guessing the same could be said about your wives' claims for AA and DLA, she gets it and loses it and you manage?

StormyWeather_2

longtomboy wrote: »

Thankyou for that.
So it seems that if we (the ordinary punter in the street) doesn't make a claim out of ignorance or otherwise there is no backdating allowed, yet if the DWP/Council make a mess of things backdating is allowed?? Why are they allowed to make mistakes and have it one way, but for the rest of us who know !!!!!! all about benefits lose out?? Doesn't seem very fair to me.

I don't understand your point of view. If the DWP or council make a mistake then they can put it right so the claimant isn't held responsible. If the claimant doesn't claim then they do lose out. You can't use ignorance as a defense.

StormyWeather_2

longtomboy wrote: »

The local authority seem to be doing just that in the case in question!

If they do a reassessment so that the claimant doesn't lose out, then they are accepting responsibility.