75,000 ESA Claimants UnderpaUnderpaid

TELLIT01

[QUOTE=IAmWales;73429352If anyone only skimmed the article they'd think it was a Labour govt at fault, them being mentioned twice, the coalition once and the Tories not at all!

[/QUOTE]

Well it was introduced by a Labour government who set up the framework and systems to enable it to run, allowed to continue by the coalition, and still not corrected by the Conservatives. I think any of the political parties would do well to think hard before casting the first stone!

Hounded_out

“
Nonsense, welfare rights advisors have been raising this issue for several years. Don't ever rely on BBC journos to report govt negligence honestly. If anyone only skimmed the article they'd think it was a Labour govt at fault, them being mentioned twice, the coalition once and the Tories not at all!

To add to the issue with some claims they are trying to limit the time of backdating. I'll explain further later if no one else does beforehand.
Originally posted by IAmWales
”They may have been trying for three years but have obviously failed miserably, however I apologise if anything I said was in any way "nonsense" I am always happy to be corrected...nicely of course. (Posted by Venison)

Glad to see that MSE members are still getting along so handsomely lol

Gig1968

Interesting times indeed.
The DWP clearly have little idea of what they are doing.
Two years ago I think it was I had a payment of thirty pounds due to them forgetting to give me previous three years Xmas bonus of ten pounds.
I'm not expecting any further payments even though I began esa in 2011. Love to see those politicians live on £102 pounds a week. They probably spend that each day on lunch.

[Deleted User]

Hounded_out wrote: »

“
Nonsense, welfare rights advisors have been raising this issue for several years. Don't ever rely on BBC journos to report govt negligence honestly. If anyone only skimmed the article they'd think it was a Labour govt at fault, them being mentioned twice, the coalition once and the Tories not at all!

To add to the issue with some claims they are trying to limit the time of backdating. I'll explain further later if no one else does beforehand.
Originally posted by IAmWales
”They may have been trying for three years but have obviously failed miserably, however I apologise if anything I said was in any way "nonsense" I am always happy to be corrected...nicely of course. (Posted by Venison)

Glad to see that MSE members are still getting along so handsomely lol

We do try :beer:

epitome

I have more news, elicited from DWP, if you want to check you can phone and ask,,,they have a sheet given to them to explain to you what it is all about.

Anyway...It is all about IB Migration those who were on IB who should have been assessed for ESA IR but were not. The staff and managers have known for years that ESA3 were not being sent as they should have been,,,,so for DWP to claim they only found out about this in December 2016 is rubbish.

You will be asked if when you migrated there was any reason you would not have got ESA IR , then they will send you an ESA3. But the sheet does not tell the staff to tell you to put the date of migration onto your ESA3 I think that is a major ommission.

Anyway It has always been the case that you could ask for this when you became aware, and they do backdate, although you might have had to fight for it to be backdated. And there were some basic rules as to if backdating would be allowed. If there was a note on your file that an ESA3 had been sent at migration, then it is your fault not DWP fault that you did not return it.

I imagine nothing has changed in this respect. IamWales mentioned backdating above.

It will be backdated if there is no evidence an ESA3 was sent.
If there is evidence then you will not get any backdating.

butterflies56

epitome wrote: »

I have more news, elicited from DWP, if you want to check you can phone and ask,,,they have a sheet given to them to explain to you what it is all about.

Anyway...It is all about IB Migration those who were on IB who should have been assessed for ESA IR but were not. The staff and managers have known for years that ESA3 were not being sent as they should have been,,,,so for DWP to claim they only found out about this in December 2016 is rubbish.

You will be asked if when you migrated there was any reason you would not have got ESA IR , then they will send you an ESA3. But the sheet does not tell the staff to tell you to put the date of migration onto your ESA3 I think that is a major ommission.

Anyway It has always been the case that you could ask for this when you became aware, and they do backdate, although you might have had to fight for it to be backdated. And there were some basic rules as to if backdating would be allowed. If there was a note on your file that an ESA3 had been sent at migration, then it is your fault not DWP fault that you did not return it.

I imagine nothing has changed in this respect. IamWales mentioned backdating above.

It will be backdated if there is no evidence an ESA3 was sent.
If there is evidence then you will not get any backdating.

Just received decision letter this week where I have had EDP backdated to October 2014 and received payment from that date even though I have met all the criteria since IB/ESA migration date to receive EDP!
I then looked up the Case on Righstnet.
DWP say that "By law we are unable to pay you for any period before October 2014 (Section 27 of the Social Security Act 1998).

Apparently the DWP are using 'Error of Law' rather than 'Official Error' to avoid payments being backdated before October 2014.

butterflies56

Letter received from DWP re their decision

from post no 16 onwards

https://forums.moneysavingexpert.com/discussion/5761965

TELLIT01

NellieNewbie wrote: »

I think I have found the answer and it's to do with Disability Premiums. At the time of transfer DWP checked entitlement to both ESA(Cont) and ESA(IR).

The problem stems from the fact that DWP were supposed to check for any entitlement to IR benefit, but in many cases failed to do so. IB was entirely dependant on NI Contribution and didn't have an Income Related element. Really defending the indefensible, but staff were put under huge pressure to get all transfers to ESA done by a date and, not for the first or last time, weren't provided with the resources to do the job properly.

45002

National Audit Office, 21 March 2018.

https://www.nao.org.uk/press-release/investigation-into-errors-in-employment-and-support-allowance/

butterflies56

Here's a link to a thread on Rightsnet post number 281 30 March 2018
Martin Williams of CPAG Application for Judicial Review

https://www.rightsnet.org.uk/forums/viewthread/5928/P270