ESA messing around

Lucyg

I won't bore you all with the details, the only thing you need to know is that I've been receiving ESA since 2009 at the highest rate and have been noted as unable to work for atleast 2-5 years. I recenty had a change in circumstances i.e moved in with my partner into a nice new flat. So naturally I called up JCP and told them, they then suspended my ESA which was expected. What I didn't expect is that they would take 2 weeks to send me an ESA3 form which I filed out and sent back straight away.

I gave them a good 2 weeks before I called them to ask what was happening and was told the process would only take 6-8 working days. So I waited another week and called up again. Was told that because of the bank holiday it wasn't sorted yet but would be by the end of the week. So I called back at the end of the week only to be told that it's still in process but they would send it to the head of the department or whatever and it would be sorted in the next 4-6 days. I called back again only to be told it still wasnt finished and gave them my mobile number so they could text me when it was sorted. So I'm now giving them until this friday to see if they get back to me.

My problem is, is that It's now been over a month and I've missed over 1'200 pounds in payments. I realize that the rate may change due to now living with someone but my benefits is the only income we have as my partner is a full time student. I don't understand why this is taking so long especialy when I was told it would only take 6-8 working days. My question is, will they back pay me the missed payments? I've entered a tricky month for me, as I've jist sorted out our council tax reductions which until now were paused so I have to pay a bill for the last two months and then another one for this month. As well as needed money for food and other bills.
I was told it wouldn't be worth getting a STBA as the process would be sorted very soon and it would be better to wait than to have to pay back the STBA.

I feel like the DWP are just messing with me. If it isn't sorted by friday I will be asking for a STBA out of desperation. Will they back pay my missed payments?

MUMZ2BEE

Why dont you contact your local MP who would be able to step in on your behalf.

What ESA were you on!?

Were you on income related ESA or contributions based esa?

If you were on contributions based esa moving in with someone should have no affect as I claim contributions based and I live with a partner.

rogerblack

Lucyg wrote: »

I feel like the DWP are just messing with me. If it isn't sorted by friday I will be asking for a STBA out of desperation. Will they back pay my missed payments?

Yes, they will pay back-payments.
If you have lost out due to this (after the back-payments) https://www.gov.uk/government/publications/compensation-for-poor-service-a-guide-for-dwp-staff

Does your partner have either any income other than their student funding, another property, or capital exceeding 16000 pounds in any form?
If income exceeds your ESA (and that ESA is income based) by 60 pounds or so, you will not get any ESA.

epitome

Apply for a STBA

STBA procedure is that before paying out an STBA any ESA1 or ESA3 which is being waited upon must be fasttracked if at all possible. Of course it may not be possible to be fasttracked and so you will be left with your STBA.

It may be that the case is complex so an STBA would not be allowed until an ESA3 decision is made, i.e. maybe your partner has student funding.