ESA Support group

Frances123

Been to the CAB and still confused!

My son has been on disability benefits since a child. He gets enhanced PIP for both mobility and care. He was switched from Incapacity Benefit to ESA and placed in the support group.
I was told that because he was placed in the support group from the start, he will continue to get the contributation based esa and therefore cannot get the enhanced disability premium.

Following a call to ESA by my local CAB they have said they will send out a form to apply for income related ESA and the disability premium...but surely if he was entitled to the income related ESA the DWP would have already placed him on it?

Help! I'm just as confused as before...not unusual for me!

poppy12345

Frances123 wrote: »

Been to the CAB and still confused!

My son has been on disability benefits since a child. He gets enhanced PIP for both mobility and care. He was switched from Incapacity Benefit to ESA and placed in the support group.
I was told that because he was placed in the support group from the start, he will continue to get the contributation based esa and therefore cannot get the enhanced disability premium.

Following a call to ESA by my local CAB they have said they will send out a form to apply for income related ESA and the disability premium...but surely if he was entitled to the income related ESA the DWP would have already placed him on it?

Help! I'm just as confused as before...not unusual for me!

When people transfer from IB to ESA everyone was placed on CB ESA. Lots of people were never assessed for Income Related and lots of people missed out. If he doesn't live with a partner that works then he'll be entitled to the Income Related top up and it will be backdated to October 2014.



If he lives alone or with no other adults then he may also be entitled to Severe Disability Premium. If he lives with other adults to qualify then they must also claim a qualifying benefit.

pmlindyloo

Frances123 wrote: »

Been to the CAB and still confused!

My son has been on disability benefits since a child. He gets enhanced PIP for both mobility and care. He was switched from Incapacity Benefit to ESA and placed in the support group.
I was told that because he was placed in the support group from the start, he will continue to get the contributation based esa and therefore cannot get the enhanced disability premium.

Following a call to ESA by my local CAB they have said they will send out a form to apply for income related ESA and the disability premium...but surely if he was entitled to the income related ESA the DWP would have already placed him on it?

Help! I'm just as confused as before...not unusual for me!

There are some people who were on Incapacity Benefit who, when transferred to ESA, were not assessed for income based ESA on transfer when they should have been.

There is currently a court case about those affected with regard to how far back the income related part can be backdated.

Did CAB mention this backdating at all? Were you speaking to a generalist advisor at CAB or a specialist?

If you can tell us more about this it would be helpful.

When was he transferred to ESA and put in the support group?

Does he live alone?

Does he have any savings? How much?

Has he always been on enhanced care and mobility PIP since he was transferred from IB to ESA?

Frances123

Thanks for your reply!

He lives with just me and I receive Income support and Carers Allowance....So he may well be entitled to the income related ESA and have it back dated? I wasn't going to bother filling in the form, but I will now...fingers crossed...

Frances123

Thanks for replying!

Can't remember when he was transferred but he's 35 now...No savings...lives with just me..

poppy12345

Frances123 wrote: »

Thanks for your reply!

He lives with just me and I receive Income support and Carers Allowance....So he may well be entitled to the income related ESA and have it back dated? I wasn't going to bother filling in the form, but I will now...fingers crossed...

Then he will be entitled to the Enhanced disability premium but not the Severe Disability premium.

Frances123

He was on middle care and low mobility DLA when he was transferred to ESA.
Placed on PIP in 2016
No savings

Frances123

Sorry one of my replies went missing...

I spoke to an information worker who then ran it all past an adviser..no idea if specialist or not
He went on to ESA years ago when it was introduced..having been on Incapacity benefit
Was on middle care and low rate mobility until 2016 when he was put on enhanced care and mobility PIP
Lives with just me..no savings
Back dating was mentioned...but that was before they said he was placed on support group contribution based ESA from the start...but then said they would send me a form to apply for income based ESA..which is where my confusion came from...If he was entitled to it...why had he not been paid it...but they're sending me a form to apply for it?

Thanks all for the help...

Dullville

Frances123 wrote: »

Sorry one of my replies went missing...

I spoke to an information worker who then ran it all past an adviser..no idea if specialist or not
He went on to ESA years ago when it was introduced..having been on Incapacity benefit
Was on middle care and low rate mobility until 2016 when he was put on enhanced care and mobility PIP
Lives with just me..no savings
Back dating was mentioned...but that was before they said he was placed on support group contribution based ESA from the start...but then said they would send me a form to apply for income based ESA..which is where my confusion came from...If he was entitled to it...why had he not been paid it...but they're sending me a form to apply for it?

Thanks all for the help...

Really hope you and your son get a nice windfall..

Frances123

Thanks! Going to fill in the forms and cross my fingers..

Alice_Holt

Frances123 wrote: »

...If he was entitled to it...why had he not been paid it...but they're sending me a form to apply for it? .

DWP error.
See here:
https://www.disabilityrightsuk.org/news/2017/november/esa-claimants-owed-%C2%A3500-million-due-dwp-error

Currently, I believe, the DWP are limiting backdates to 21/10/2014, however there is a challenge by CPAG who are seeking Judicial Review of this decision.

Your son should receive the enhanced disability premium (if entitled to an Income Based top up) of c£16pw:
https://www.gov.uk/disability-premiums-income-support/eligibility
Around c.£2,700 I would anticipate.

If the backdate is time limited to 2104, you may wish to appeal the DWP decision not to backdate to the original date of migration. It would then be sensible to ask the Tribunal Service to stay your hearing until the Judicial Review is resolved.