Backdating of Severe Disability Premium on ESA

lexbubbles

missapril75 wrote: »

@lexbubbles

In your case - with the override already in place - the only reason to have left it in place and not made the enquiry would be if you'd said there was still a carer or didn't live alone.

Exactly, but I told them the opposite of that (ie that I was now living alone) so the override should not have been left in place and an enquiry should have been made.

They had no reason to leave the SDP override in place, and they did.

I was just thinking maybe at that point they'd have asked/clarified the carer situation maybe *shrug*

Although as you've said, they should have made an enquiry once the residential status was changed so.

We'll see.

The lady on the phone was kind of "maybe/maybe not" about it but if I wrote and explained it would definitely help because I couldn't reasonably be expected to know, but she wasn't in the "definitely not" camp, the CAB think I have a good chance and the information you've provided from your experience working at the DWP leaves me... cautiously optimistic for at least a partial payment if nothing else.

lexbubbles

nannytone wrote: »

I don't think the screen would have flagged if someone does or doesn't receive carers allowance for helping you though, as carers allowance would be part of someone else claim and not your claim.

you said you moved and now lived alone... did you also tell them that someone used to claim carers for helping you, but they have now stopped their claim?

The second part has been addressed repeatedly in this thread, including the OP, so I'll not repeat myself again because this is wearing me out.

As to the first part, when I phoned to request an IS10 (on advice from CAB) the first thing the woman said was that she could see someone was claiming carer's for me and was that still the case. So yes, they can see whether someone is claiming carer's for you. If she could see it, then so could the person I spoke to when informing my change of address and residency circumstance.

missapril75

nannytone wrote: »

you said you moved and now lived alone... did you also tell them that someone used to claim carers for helping you, byut they have now stopped their claim?

From an earlier post

... I said "I moved 450 miles and live on my own now"...I previously lived with my carer ...

What are the chances the carer moved the same 450 miles but not in the same address and is still the carer?

nannytone_2

ubless you tell them all of the changes, then they are only going to apply the ones you specify!

you didn't tell then that the carer was no longer caring!

like it or not .... it is your responsibility

anmarj

lexbubbles wrote: »

As to the first part, when I phoned to request an IS10 (on advice from CAB) the first thing the woman said was that she could see someone was claiming carer's for me and was that still the case. So yes, they can see whether someone is claiming carer's for you. If she could see it, then so could the person I spoke to when informing my change of address and residency circumstance.

]

Very few people would have actual access to the carers allowance screen, there appears to be a note in the notepad for ESA, to the reason why you were disallowed it in the first place, which the person you spoke to, would of picked it up from. If a notification was sent to ESA then all it would of told them that the carer stopped caring, it would not give a reason why.

missapril75

anmarj wrote: »

]
Very few people would have actual access to the carers allowance screen, there appears to be a note in the notepad for ESA, to the reason why you were disallowed it in the first place,

Yes, they were my thoughts.

The reason being there was a carer who also happened to be at the same address.

If a notification was sent to ESA then all it would of told them that the carer stopped caring, it would not give a reason why.

Not that the reason matters if the disallowance had been because there was a carer because now there's a notice that there is no carer.

There is also an address change reporting sole occupancy whereas the carer also occupied when several hundreds of miles away.

Could there really be any more indication that continuing to block the SDP for reasons no longer applying was not the correct action at the time the change was reported?

lexbubbles

Just popping in to update everyone that ESA have backpaid the SDP for the full 19 months and I received the monies today.

Many thanks to April and others for helping me through that.

missapril75

Nice to see a good result. :j

Kirstyjack

Hi I'm wondering if anyone can help me,
I suffer from bi polar type 2 and bpd, and pmsd. I am in receipt of income esa, and enhanced pip. Since 2015. I recently got married and my husband moved in, I let the DWP no of these changes within 13 days. They send me a form which I filled in, gave all evidence they asked for, and after holding my benefits for nearly 6 weeks, everything went into payment again, (at a lower rate due to my partner earning 100 per week). We were told he could claim carers allowance as he does take care of me, has done since he's met me, after everything I've gone through and my mental health does to me at times he seriously is a God send.
Any way, after everything was sorted the job center sent me a is10 form, being nosey I Googled what is what for, and found out that I was entitled to this sdp for the total of 69 and a half weeks, I rang esa before filling in the form and the lady told me to date the form from the date my pip went into payment from til the date my husband moved in. Fill the form out as if he wasn't there and put a covering letter in, which I did. They lost the form. After weeks of moaning about this a call agent done the is10 form over the phone with myself and sent it off giving me a period of 6 days til the decision would b made, I rang on the sixth day to find out "on the system there was no decision" the esa call center requested a 24 hour call back, after 24 hours I called bk and got told it had been esculated to a 3 hours call back. The next day I recieved a call from a horrible lady, she has sent me back to being in bed and not leaving the house, she informed me the decision had been made days ago, that they've said I'm entitled to this money for that time period, but she's holding it, it's gone off to debt management for an over payment of £156 (that I've never recieved a letter about) and that she's gunna fine me £50 for not letting them no my husband moved in within the right time period, he moved in on 15th I let them no on 23rd. She said she can not give me a figure of the amount owed to me as it was not on system, and that there was no number of debt management to call, and no time period of them having to get this sorted out and into payment. And that she was basically putting me to the bottom of the pile!! I cried after the phone call, I spoke to cab who told me to make a complaint, which I did do last Thursday, after making the complaint, cab told me to ring esa and try and get at least the dates so what was owed could be calculated. I did, which the guy said a letter has been sent out, 3 days ago informing you of the exact amount, and went on to tell me the debt for an over payment of esa had been cleared as DWP mistake and was on the system. This debt was from the date my husband started claiming carers, but because I told esa the same date they've said it's their fault. He gave me debt management number and asked this Jill (horrible lady) to call me back about this matter. I called debt management there was no open file at all on my name, Jill called me back and suddenly said she's only just sent this to debt management (3 days after the letter has said it's gone over) and that she's just re sent it as urgent, and there's nothing they can do til this is dealt with. Ahe mentioned nothing about this £50 fine that i was also told by the esa call center was not on system, and the overpayment she had now stated was only for 125.20. I asked to speak to a manager, as debt recovery had told me I should. And she put the phone down on me, I recalled DWP the next day and was refused to be put thro to benefit center or have a call back, 4 days later I tried again the same thing, I called debt management again today, 8 days after its been sent to them, and they are telling me point blank there is no case with themselves, on their system I owe them nothing. Yet esa will not let me talk to anyone regarding this back pay. The letter that I recieved states I'm owed 4205.80 yet they are holding it for a "possible overpayment" and to ring office if I haven't had an update. It's not been 8 days since the letter and no one will give me an update or when this payment is going to go into payment. I've been entitled to this money since 2015, I can't get my head around why they are holding such a huge payment for a possible over payment of 125.20, I said to the benefit center can't you just take the 125.20 and release the rest, the lady laughed at me and said no, I have no time period of this being dealt with and I don't no who to turn to or what to do