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IB ESA Reassessment

According to the dwp I am on contribution based ESA since March 2013, however when the system changed from Incapacity benefit to ESA. I was not assessed according to my circumstances in March 2013, so today they have sent me an ESA 3 form to fill out.

I called them to confirm the letter was genuine not fraudulent and they confirmed the reference number on the letter and date it was sent out.

He told me you may be eligible for a tax free lump some backdated payments since March 2013?

I remember the lady that helped me fill in the form, however i don't remember her assessing me for Income based ESA, isn't that if your already in employment or paid enough national insurance contributions at the time of application your eligible?
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Comments

  • poppy12345
    poppy12345 Posts: 18,976 Forumite
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    Those that transferred from IB to ESA were automatically placed onto CB and weren't assessed for any Income Related top ups. Whether you're entitled to the top ups will depend on your circumstances. Living with a partner that works, household income and savings/capital are all things that will be looked at when they assess you. Do any of those apply to you?
  • pmlindyloo
    pmlindyloo Posts: 13,104 Forumite
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    edited 29 October 2018 at 2:48PM
    This is all because people who were transferred from IB to ESA were not assessed for income based ESA at the time (when they should have been). They only received contribution based ESA.

    Income based ESA is a means test benefits and takes into account savings/capital and income from earnings of a partner/wife.

    If you met/meet the criteria for income based ESA then you may have ben eligible for income related ESA on top of your contribution based ESA.

    So, for example, a single person living alone in the ESA support group with no one receiving carer's allowance for them and receiving the living component of PIP with no savings should have been entitled to:

    ESA + support component + enhanced disability premium + severe disability premium when they transferred for IB to ESA.
    Once the DWP has all the information they need then this person would be entitled to a back payment for the EDP +SDP from the time of transfer to now providing that their circumstances had remained the same during that time.
  • whambam
    whambam Posts: 526 Forumite
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    My own circumstance was having a carer get carers allowance for looking after me with no savings and getting PIP living and mobility?

    I read on this website https://www.turn2us.org.uk/Benefit-guides/Severe-Disability-Premium/What-is-a-Severe-Disability-Premium

    You must live alone and no one cares for you or gets carers allowance unless your registered blind? to get severe disability premiums. There is 3 types are you entitled to all 3?

    There are 3 types of disability premium for adults:

    disability premium
    enhanced disability premium
    severe disability premium
    You can get more than one premium at a time.
  • pmlindyloo
    pmlindyloo Posts: 13,104 Forumite
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    Sorry, have edited my post.

    There is no (ordinary) disability premium with ESA (it is available on JSA/IS)

    The EDP and SDP is available if you meet the criteria:

    Enhanced disability premium - if you are in the support group ESA, or getting high rate care DLA or enhanced daily living PIP.

    Severe Disability Premium - if you live alone (or counted as living alone), no one receives carer's allowance/carer's element on universal credit for you and you receive mid rate/high rate care DLA or standard/enhanced rate PIP.

    From what you have said it looks like you may be eligible for the enhanced disability premium because you were/are in the support group but NOT the Severe disability premium because someone was claiming Carer's Allowance for you.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    If you qualify even just the enhanced disability premium at say £15/week (sorry I can't be bothered to check the actual rate for each year) for 5 and a half years will add up to over £4,000.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • pmlindyloo
    pmlindyloo Posts: 13,104 Forumite
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    The other thing I should mention is that on transfer from IB to ESA you may have had a transitional protection so that you did not receive less in ESA than you did on IB.

    If this transitional protection was more than the Enhanced Disability premium then you will not be eligible for the backdating.

    The best thing to do is complete any forms/send any information the DWP require and they will work it out.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    pmlindyloo wrote: »
    The other thing I should mention is that on transfer from IB to ESA you may have had a transitional protection so that you did not receive less in ESA than you did on IB.

    If this transitional protection was more than the Enhanced Disability premium then you will not be eligible for the backdating.

    Good point which i had forgotten. OP, you simply need to complete the form as best you can, return it to DWP and wait for them to tell you whether you are due anything.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • pmlindyloo
    pmlindyloo Posts: 13,104 Forumite
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    calcotti wrote: »
    Good point which i had forgotten. OP, you simply need to complete the form as best you can, return it to DWP and wait for them to tell you whether you are due anything.

    I remembered it when I was washing the kitchen floor (note to self, I must get a life. :D )
  • poppy12345
    poppy12345 Posts: 18,976 Forumite
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    pmlindyloo wrote: »
    I remembered it when I was washing the kitchen floor (note to self, I must get a life. :D )
    :rotfl::rotfl:Sorry but couldn't resist. That was funny.
  • whambam
    whambam Posts: 526 Forumite
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    pmlindyloo wrote: »
    The other thing I should mention is that on transfer from IB to ESA you may have had a transitional protection so that you did not receive less in ESA than you did on IB.

    If this transitional protection was more than the Enhanced Disability premium then you will not be eligible for the backdating.

    The best thing to do is complete any forms/send any information the DWP require and they will work it out.


    Do they put the transitional protection on automatically or do you have to apply for it by filling out a form? I can't recall any of this when transfering nor was it mentioned to me by the DWP worker.

    Also, how do they do the calculations is it at the rate as of this year 2018 or from the date they put on the application form which is 2013? Rates go up year by year.

    Also, some people say they got paid only from Oct 2014 onwards they were happy however others who appealed through a tribunal got it backdated right till 2011?
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