IB ESA Reassessment

pmlindyloo

whambam wrote: »

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?

The transitional protection will have been put on automatically. You can look at your ESA award letter. it should tell you how your ESA is made up.

The calculations are based on the rates for each year following the transfer from IB to ESA.

Originally people in these circumstances were only backdated to 2014. This was overturned by a court of appeal and the backdating now goes back to the time of transferring from IB to ESA.

[Deleted User]

The shadow DWP sec has today called for interest to be paid on all the under-payments.

whambam

venison wrote: »

The shadow DWP sec has today called for interest to be paid on all the under-payments.

What do you mean interest at what percentage?

Benefit claimants do not get paid interest payment unless I am missing something?

calcotti

whambam wrote: »

What do you mean interest at what percentage?

Benefit claimants do not get paid interest payment unless I am missing something?

No they don’t get interest. Venison was reporting that it has been suggested that they should get interest on the arrears they are due due to DWP mistake. Don’t hold your breath - it’s not likely to happen.

whambam

I know they are ombudsman agencies out there that pay you compensation to uphold a complaint if DWP or any company refuse to its called a gesture of good will got it a couple of times will try it against the DWP.

benidorm59

Whambam. You need to complete the ESA3 they have sent to you. This will give them a snapshot of your circumstances so they can see if you are entitled, Its not a new claim to ESA just a top up. As said you may have a TA if your ESA has been £110,85 from date of claim you will, Don't worry they calculate each year and pay the lump sum. They need to know your capital, if you have an occ pen etc, they will not or may not hold this info. They can check DLA and PIP etc but if you don't sent the form they will strike your IR claim out

Minerva69

Sorry for resurrecting an old thread but my partner is in a similar position to the OP. He's received an ESA3(IBR) form to complete, going back to 2013. We are confused about how to complete the form, as there are no notes with it. Could anyone who has already filled one in advise me please?

In Part 13 of the form where it asks about bank/building society accounts, there is a box where you have to write the amount in any accounts that you have. There is one box for each type of account. Do we put how much is in his current account today, or how much was in it in 2013? What about the subsequent years? Do we add up how much was in the account over the last 5 years and put that figure? It isn't clear on the form at all, it just keeps saying they want information between 2013 and now but doesn't tell you how to work it out. :huh:

pmlindyloo

Minerva69 wrote: »

Sorry for resurrecting an old thread but my partner is in a similar position to the OP. He's received an ESA3(IBR) form to complete, going back to 2013. We are confused about how to complete the form, as there are no notes with it. Could anyone who has already filled one in advise me please?

In Part 13 of the form where it asks about bank/building society accounts, there is a box where you have to write the amount in any accounts that you have. There is one box for each type of account. Do we put how much is in his current account today, or how much was in it in 2013? What about the subsequent years? Do we add up how much was in the account over the last 5 years and put that figure? It isn't clear on the form at all, it just keeps saying they want information between 2013 and now but doesn't tell you how to work it out. :huh:

If your partner lives with you then you should put the current amount in any savings etc accounts for both of you and then send statements from the time your partner was transferred from IB to ESA.

This is to see if you both met the income based ESA conditions from the date of transfer.