Some good news for IB claimants migrated onto ESA

Alice_Holt

https://www.theguardian.com/society/2018/jul/18/government-will-pay-arrears-thousands-benefit-claimants-backdated-2011

Concerns Incapacity Benefit to ESA migration, and claimants on CB based ESA who were not assessed for Income Based top ups.

"Ministers have caved in to pressure from anti-poverty campaigners and agreed to fully backdate benefit payments to ill and disabled claimants who were left thousands of pounds out of pocket as a result of a series of bureaucratic errors.

A parliamentary statement by the work and pensions secretary, Esther McVey, on Wednesday said that after taking legal advice her department would pay arrears to all claimants whose benefits were underpaid as a result of the error, dating back to 2011.

It had previously insisted that it would only backdate underpayments to October 2014, the date of a tribunal ruling which clarified that claimants had lost out financially as a result of Department for Work and Pensions (DWP) mistakes when they were moved from incapacity benefit on to employment and support allowance (ESA)."

D_M_E

All well and good, but how many of those given the backdated payments will then fall foul of the savings limits for things such as housing benefit for example?

[Deleted User]

Isn't it the case that such back dated payments are NOT counted for 12 months?

p.s Alice well spotted !

Alice_Holt

D_M_E wrote: »

All well and good, but how many of those given the backdated payments will then fall foul of the savings limits ....

As venison says benefit arrears are disregarded for 12 months for means tested benefits.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/687077/admh2.pdf

Read para H2091

TELLIT01

Alice_Holt wrote: »

As venison says benefit arrears are disregarded for 12 months for means tested benefits.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/687077/admh2.pdf

Read para H2091

That's all well and good but the potential underpayment could be for a period of 3 years. Something should be done to ring-fence the amount of the backpayment for a similar period. It's likely to be a substantial amount and many people who have been on long term benefit will be uncomfortable 'blowing' the money in 12 months to avoid future loss of benefit. Had it been paid when due it wouldn't have been an issue.

Alice_Holt

TELLIT01 wrote: »

That's all well and good but the potential underpayment could be for a period of 3 years. Something should be done to ring-fence the amount of the backpayment for a similar period. It's likely to be a substantial amount and many people who have been on long term benefit will be uncomfortable 'blowing' the money in 12 months to avoid future loss of benefit. Had it been paid when due it wouldn't have been an issue.

Totally agree.

I suggest you write to your MP and the Sec of State DWP to propose this excellent suggestion.

However, I'm not sure about 'blowing' the money. Claimants entitled to an income-based top up of ESA who have been on the benefit for up to 7 years, would I suspect have not been able to replace many (or any) worn / broken household items during that time, and (a gross generalisation I know) have run down any savings.

TELLIT01

Fair comment about worn out and broken household items. I just hope nobody does get questioned about deprivation of capital if that money is used in 12 months.

pmlindyloo

As this was an official error wouldn't the backdated money be disregarded for the entirety of the ESA claim (subject to the conditions mentioned)?

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/689995/dmgch52.pdf

52512 onwards

Mumof7

Has anyone been paid from the error yet? I got form last week which asked a load of stupid questions , same question a fee times in different ways lol ... anyway just wondered if anyone had been paid if so what was the criteria ? Would they send the form if they didn't think u was entitled... It's all very confusing

Andpat

I was assessed by completing form ESA3 in April, I was awarded Enhanced Disability premium backdated to February 2018. I have been informed many times on the phone that my application was sent to a specialist team to be assessed for arrears. The last thing I was told is that my details are with Torquay, and that they're assessing people's records in batches. I was informed my details are far down due to my national ins no, so I've to wait for a phone call, then they'll take an application over the phone and assess how much I've to be paid in arrears.
I'd like to know also if anyone has actually received any arrears yet also, and what process they were taken through.

butterflies56

You are correct Pimmlydoo
The arrears are not classed as Capital Savings and no time limit.
I have been paid 3years worth of EDP going back to 21 October 2014 and the arrears were not classed as Capital Savings etc.
I am waiting now to be contacted by the DWP to pay me a further 2years arrears back to October 2012 and expect the same criteria applied to that amount i.e. not classed as Capital Savings etc due to Official Error.