esa advice esa3

amzy32

i sent my esa3 form off has my partner moved back in
around august i filled it all in correctly and they only recieved it yesterday
they kept telling me i would recieve back pay then today I get told my payments have gone up which is a good thing
but they wont back date and have sent a request to the decision maker or something
and its because iv had 2 forms sent out since august
and the one they have received was signed and dated in august
so they said I may have to prove iv not kept hold of it?
I didn't no id done anything wrong by sending two forms I rang the esa helpline 2 or 3 weeks go to see why my payments hadn't changed from me sending the change of circumstances form in I explained id sent it weeks ago I also was terrified I was going to be in trouble for nothing been sorted and my partner moving in
I was informed I would not be in trouble and got informed that all payments from august would be back dated but the man on the phone said that he would said another form out so since end of august iv sent 2 forms back then yesterday or today it finally got sorted and hes back on my claim
then I ring to see if any payments will be back dated they said no because the form the have received was signed and dated in august
so I have to appeal some one whats a decision maker I have no clue whats gone wrong or if iv done wrong but will I even have a chance of winning an appeal because me and my partner have been in constant contact for weeks trying to sort our payments out
I don't no where we stand with all this any advice will really be appreciated
thank you

Bananas123

hello,

i can't work out the particulars, but

>>>you need to prove to them, that you are entitled to the backpayment, and then they will give you the money<<<<<<<

the desicion maker is a person who looks into see if you are eligable to the backpayment, that's all don't worry.

i can't work out if you are eligable for backpayment from what i read though, but it sounds like the dwp may have lost one of the forms, or sending 2 caused confusion.

---

if you can ring them or send a letter with evidence you should get backpayment.

(i.e. a bank statement and something suggesting you were eligable at that time ?).

also i would write down what you did > rang them, what letter, when and then can provide that, to help indentify where the problem is.

you are not in trouble etc though, and no need to worry, it just sounds unfortunate that too many letters and confusion.

regards

NeilCr

Suggest that you get help with this from your local CAB or advice centre

Be aware that there will likely be a time limit (usually 30 days from the date of the decision letter) to get any mandatory recondideration/appeal submitted

amzy32

hiya thank you both for your replys

well just a little update iv rang the esa helpline up again today
i explained to another lady and she straight away said YES i know whats happend here
the phone went quiet
she then asked my local job center and my mobile so i gave her the details and then she started reading what im guessing is a little handbook on phone calls out to me about the local job center will contact you within 24 hours
you need to have your phone charged on loud and be near te device at all times they will attempt 3 times ect ect
im now seriously concerned because i then asked at the end of the call whats happend and what is the local job center going to be in contact for
she then said it should all be sorted
thats all she could say
im left so confused i wouldn't be bothered about the arrears at all but iv been struggling for weeks and weeks waiting for my esa rates to change and living on basically nothing because of deductions also
and then kept been informed all will be back dated
any advice on why the job centre will be ringing ?
thanks in advance

ceeceeZIM

sorry to butt in but can you still get the esa disability premiums if you get or did get child benefit? i have been asked to do the assessment for the potential back pay but i don't know if the fact i used to get child benefit would mean im not entitled to it? can anyone help? thank you

pmlindyloo

ceeceeZIM wrote: »

sorry to butt in but can you still get the esa disability premiums if you get or did get child benefit? i have been asked to do the assessment for the potential back pay but i don't know if the fact i used to get child benefit would mean im not entitled to it? can anyone help? thank you

This is a very old thread so it would be better to start your own.

However, I am not certain what you are asking about.

Can you explain a bit more?

You appear to be receiving ESA. Is this contribution based and the DWP is assessing to see if you are entitled to income based ESA and backpay of the disability premiums?

If this is correct then I am not sure how child benefit affects it?

So, to be able to help we need to know exactly what benefits you are receiving. ESA - which group? DLA or PIP - which rates?

The only possible thing I can think of as regards child benefit is if you believe that you were entitled to the severe disability premium with your ESA and you need to prove that you had no non dependents living with you.

Could you explain exactly what is happening please?

ceeceeZIM

i currently get contribution based esa and lower rate dla for both care and mobility. i received child benefit until 2 years ago but no longer receive it as my child no longer lives with me as i am unable to care for him full time. the esa and dla is all i now get and i have not received any child tax credits or any other payments for my child in over seven years now apart from the child benefit

pmlindyloo

So have you had a letter saying that you may be entitled to some back pay?

Were you transferred from Incapacity Benefit to ESA?

Are you in the support group of ESA?

Are you filling in an ESa3 form and have a question about that?

The DWP did not assess people properly for income based ESA when they transferred them over from Incapacity Benefit. They are now writing to everyone to see if they owe them any money.

Is this is what is happening to you?

ceeceeZIM

yes, i got sent the form about potentially being owed a back payment. i just couldn't work out if having been paid child benefit int he past would mean i would then not get anything. I've filled out the form with them over the phone and they just said to wait for a letter, they didn't say much else

pmlindyloo

Having child benefit in the past would not affect your claim for income based ESA.

Since you have filled in the form with the DWP just sit back and wait to see if you are entitled to any back pay.

If you are then it will be a nice little bonus for Christmas.