Backdate 1 month only.

Paparika

So in September i rang ESA to sign on sick whilst i was off work for medical treatment (i have no ssp left)

I was told my area was UC only I said i just wanted ESA cont based only. Person on the phone wasn't having any of it. UC or nothing.

So as predicted 6 weeks later husband and me were awarded £0, we knew this, we didn't want to be on UC, husband is working, we didn't need UC.

A few days back, I find out that I should of been allowed to sign up to New style ESA. so a bit manic this week but DWP have admitted that yes I was misinformed in September. And they apologise.

But I had my ESA interview today, I asked for the ESA to be backdated to September on the date I was officially sick, I still had the sicknote, it's for 8 weeks so I have one week left before I return to work (I'm part time) I was told that although DWP admit they messed up but they will only give me a backdate of 1 month, so that's 50% of ESA I've lost because someone screwed up.

I've sent an email to my MP, but really is that it, do I have to lay down and accept this?

calcotti

That is simply wrong. With new style ESA you are allowed to backdate for up to three months provided you have a Fit Note to cover the period. If you have been getting SSP then your ESA entitlement should start from the day after your SSP ended.

You will have to ask for a Mandatory Reconsideration of the decision regarding backdating. https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/challenging-an-esa-decision/.
Refer DWP to Regulation 28 of the The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013

http://www.legislation.gov.uk/uksi/2013/380/contents

“Time within which a claim for an employment and support allowance is to be made

28. A claim for an employment and support allowance must be made on the first day of the period in respect of which the claim is made or within the period of three months immediately following that day.”

Note that if for the last 28 weeks you have only been getting SSP you will not have been credited with Ni contributions for this period. If you want to maintain your history you can contact HMRC and ask for credits for this period. Details on this page https://www.gov.uk/national-insurance-credits/eligibility. (Complete nonsense that this doesn’t happen automatically.)

Alice_Holt

Just to add.
In addition to the ESA decision MR (per calcotti), it may also be worth a complaint about the incorrect info you were given in September about eligibility for New Style ESA.
Go back to your phone records to get the date, & time of the call giving you incorrect info.
https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure

You have then got all bases covered:
An appeal about the decision;
Your MP involved;
A complaint about incorrect info initially given on the UC line.
One of those should trigger a more competent DWP employee with greater discretion to correct this DWP foul up.

You may wish to copy your MP with the MR and complaint.

Paparika

Thank you Alice,

Once again its people on here with the information that DWP could not provide me with, I have the form ready for the morning, will call them first quoting the above as you can do a MR.

My fit note has just been handed in Friday when I had the appointment, with a copy held on my pc, (scanned for work) it covers the whole 8 weeks.

If on the phone they reject it I shall fill in the form and also contact MP again quoting it all.

Thank you.

Will update when Monday comes.

calcotti

One thing to add. DWP will also want to see confirmation of date your entitlement to SSP ended. Your employer should have given you an SSP1 form which does this.

Paparika

calcotti wrote: »

One thing to add. DWP will also want to see confirmation of date your entitlement to SSP ended. Your employer should have given you an SSP1 form which does this.

They already have that from earlier in the year. As everytime i go off sick i have to sign on.



So a little update, emailed the MP who has written back ....

Thank you for your email to Karin Smyth MP regarding your claim for Employment and Support Allowance, in particular the decision to only backdate for one month.

Please can you let me have your full address, a daytime contact telephone number and also your National Insurance Number, Karin will then make representations to Ministers at the Department for Work and Pensions about your case.

I have replied covering the Regulation 28 with a link.

Paparika

Spoke with one of the assistant's to the MP this afternoon.

They will be speaking with DWP MP about this mess and urge them to sort it out.

Have also called ESA for MR. Remember my appointment was Friday afternoon, this afternoon it's not even on the system, was told if possible they would call me by 6 (didn't happen, expect call tomorrow or i will call them again - freephone)

everyone I have spoken to even ESA agree that I was put on the wrong benefit, even today when i asked for the MR for my full 8 weeks not 1 month under regulation 28 agreed it was all wrong.

Contact centre blame jobcentre
jobcentre blame contact centre

an absolute nightmare that will take forever to sort out for people in my situation.

Paparika

Hopefully this will be the final update.

Spoke to DWP yesterday afternoon, received phone call this morning about backdating. Was told it will be about 10 days to process claim.

A few hours later a text from DWP telling me they will be paying me on Friday.

£501 now I don't know if that is for the full 8 weeks or not, but it will be a help.


Advice, don't give up and know that New style ESA is available.

calcotti

Paparika wrote: »

Hopefully this will be the final update.

Spoke to DWP yesterday afternoon, received phone call this morning about backdating. Was told it will be about 10 days to process claim.

A few hours later a text from DWP telling me they will be paying me on Friday.

£501 now I don't know if that is for the full 8 weeks or not, but it will be a help.


Advice, don't give up and know that New style ESA is available.

It's £73.10 so that's about 7 weeks. It is paid fortnightly in arrears.