Backdated Enhanced Disability Premium...

Sup

Hi

Looking for a bit of advice...

I filled in the ESA3 form and sent it back a few weeks ago and yesterday i received a letter to confirm i was entitled to Enhanced Disability Premium Top-up of £15.55 per week as i'm in ESA CB Support Group.

The letter states my EDP claim started on 27th November 2014 and they owe me £25.70 in arrears.

Thing is i've been in ESA CB Support Group since i transferred from IB in July 2012 and my circumstances haven't changed in that time so i would have qualified for it then but never knew about EDP until about 1 month ago.

My question is do i have a case in getting EDP backdated to July 2012 and if yes how do i go about claiming it... is there a form i need ask for or do i write to them.

Would appreciate any help.

Thanks

Horseunderwater

EDP is usually paid automatically if you claim income related esa, so this suggests 2me that you were always on contributions based esa. Not knowing about something also means that they probably would not back date it. If you have an award letter from back then & it states that you were on income related ESA then go 4 it.

Sup

Hi

Yes, i've always been on CB ESA since i migrated from IB in 2012.

New Esa claimants are assessed for both types of Esa (CB & IR) at the beginning of their claim but those reassessed from other benefits (like IB) to Esa do not appear to be automatically assessed for IR Esa unless they were receiving a means tested benefit such as income support.

Just found this... Esa rules do not separate a claim between contribution based and income based esa. The law is written in such a way that the Dwp are under a duty to assess you for both when the esa is awarded so if you were due it should be backdated. Those moving from I/B to esa there is no distinction made between reassessment cases and new ESA claims and however you come to the ESA system, including reassessment from legacy benefits that were not means-tested, consideration should be given to awarding both ESA(Cont) and ESA(IR). If no thought was given to awarding ESA(IR) that was an error which you should ask DWP to correct.

I wasn't assessed for IR Esa when i transferred from IB to Esa.

poppy12345

Because you were claiming CB ESA you wouldn't be entitled to EDP. There wouldn't be anything to back date you with other than what they've already told you. With IR ESA EDP is paid automatically.

rogerblack

poppy12345 wrote: »

Because you were claiming CB ESA you wouldn't be entitled to EDP. There wouldn't be anything to back date you with other than what they've already told you. With IR ESA EDP is paid automatically.

There is no way legally to claim CB or IB ESA.
You cannot choose which to claim.
The questions at the outset are not for if you are claiming one or the other, but if you are entitled to one or the other.

If your circumstances have truly not changed - then it was an official error ...

Argh - and I just realised you have said as much. Agree.

Sup

Thanks for the feedback...

I will write a letter in the new year to DWP and explain why i think i should have my EDP backdated to July 2012.

I've got nothing to lose in appealing and possible £1500+ to gain.

poppy12345

Sup wrote: »

Thanks for the feedback...

I will write a letter in the new year to DWP and explain why i think i should have my EDP backdated to July 2012.

I've got nothing to lose in appealing and possible £1500+ to gain.

Good luck on that one but you were claim CB ESA and this doesn't entitle you to SDP.

Sup

poppy12345 wrote: »

Good luck on that one but you were claim CB ESA and this doesn't entitle you to SDP.

Hi

Yes, i know SDP is a no go

Whenever i hear back from DWP regarding my EDP backdate claim i will let you Guys know the outcome.

Cheers

speedfreek1000

You need to read this debate and also follow the links

http://www.rightsnet.org.uk/forums/viewthread/7199/

Basic gist of the arguments for both SDP and EDP is.....

Once the DWP have all the information either on a new claim or a conversion from one benefit to another, if it fails to consider that evidence or pay the premium then it's maladministration.

The only exception to that is with a change in your circumstances that would make you eligible for that premium. Here it is only at the point you report that change can the premium be paid from.

Sup

Hi

Many thanks for the link speedfreek1000, just what i needed :T

Appreciated :beer: