Esa??

mike+caz

Hi.
I found out in March 2014 that my son was not claiming the correct amount of ESA [SG]. They have been underpaying him and have been since he switched to ESA, they also didn't pay him the correct amount IB when he was on it because they state that his claim for DLA. HRC HRM was not added to his notes.

I have always filled in the forms to the best of my knowledge and always included his DLA claim. The DWP did say it was probably an oversight on their part.
I was sent and filled out another form in March 2014. Its been 6 wks since I returned forms.

Anyone know how long they take to look at his claim? I have also been told that I should have his money backdated to the start of his IB claim when he was 18yrs old [he's now 27]. Can DWP go back that far for underpayments?

I have always taken what they say as what he is entitled to.

Thanks in advance

nashly

How have things moved on since you posted this, dwp will backdate any amount of years if the error is theirs.

mike+caz

nashly wrote: »

How have things moved on since you posted this, dwp will backdate any amount of years if the error is theirs.

Hi nashly.

I phoned them up and all they said was that he was 6th in the queue to be looked at. Whatever that means!! :huh:

nashly

Hope it turns out well for you, if it is positive news dont forget you may then have been overpaid child tax credits but it wont be as much as the back payment you should get.

mike+caz

Hi all.

I have finally heard from DWP regarding my son's ESA and I am not very happy about their reply.:mad::mad:

They have given him his correct money at last. However they will only back date to March 2014 as that was when I found out he wasn't on correct money and claimed not from Oct 2012 when he was transferred from IB.

I have phoned them and they basically said it was tough luck that he wasn't getting correct amount and that it my fault because I didn't ask for right forms. I told them I only filled in forms they sent me when he was moved from IB and they should have informed me which forms I was supposed to fill in for correct claim after all they are supposed to be the ''experts'' not me.

They also said that there was a box that you ticked to say which ESA you wanted CB or IR. However I have never ever seen a form that contained that type of tick box and told them it must be a newer form but they said no it was the same form in Oct 2012. :huh::huh:

Now I didn't think you could chose which benefit you wanted I thought you had the benefit they said you were entitled to.

I could now do with some advice on whether I have a case to take this decision to appeal or not.

BTW Just to say when he claimed IB when he was 20yrs old they never told us he could have had a IS top up on that benefit so lost out on that money also. They told me it was up to me to make a claim for IS not for them to tell me what he was entitled to.

Thanks.

Indie_Kid

You're right - you can't choose whether you claim income or contributions based ESA.

Were you ever asked when he claimed IB, what DLA he was receiving?

mike+caz

Indie_Kid wrote: »

You're right - you can't choose whether you claim income or contributions based ESA.

Were you ever asked when he claimed IB, what DLA he was receiving?

Hi Indie Kid
Yes I told them and put it down on forms I filled in for both IB and ESA. He gets DLA HRC HRM indefinately [I know that he will eventually change to PIP]. However when I phoned in March they said it wasn't written on their records which I found hard to understand because he had claimed DLA since he was 5yrs old.

Thanks

malebolge

Indie Kid's right - there is definitely no choice. I had to claim after my SSP ran out - filled the form out in November 2013. I was given ESA for 13 weeks then got a letter saying I was going to be on CB ESA and put in a support group. Nothing whatsoever on the form for a choice; I remember clearly. You seem to have been treated very unfairly. If I was you, I'd contact my MP; seems to help in PIP cases so why not this one too.