ESA underpayments

poppy12345

cornish_donkey wrote: »

Ok I must be confused. There was an old thread on here which made it sound like a lot of people were paid CB ESA only when they may have been entitled to both.

That's correct. It's CB with an Income Related top up. You've been claiming Income Related with your partner as a couple since the 2nd year you were placed on to ESA so this doesn't apply to you.

cornish_donkey

Never mind I was hoping for a pay out lol.

I’ve been looking at my old letters and I received couples rate with extra money for being in the WRAG.

One odd thing though...all letters say my ESA is based on my national Insurance contributions records, even the letters I received when CB should have ran out. One letter states from 1st March 2013 my rates will change as the maximum 365 days of CB will have been reached but looking at a letter dated 2015 it has the same layout as the older letters and still says it’s CB based? Weird!

poppy12345

cornish_donkey wrote: »

Never mind I was hoping for a pay out lol.

I’ve been looking at my old letters and I received couples rate with extra money for being in the WRAG.

One odd thing though...all letters say my ESA is based on my national Insurance contributions records, even the letters I received when CB should have ran out. One letter states from 1st March 2013 my rates will change as the maximum 365 days of CB will have been reached but looking at a letter dated 2015 it has the same layout as the older letters and still says it’s CB based? Weird!

They have a very odd way of wording these letters. CB ESA is only paid for 365 days unless placed into the Support Group and then it's paid for as long as you remain in the group.


Towards the end of that year you would have be assessed for Income Related with your partner because income related benefits you claim as a couple. Your partner would have been added onto the Income Related claim. As it was Income Related you were claiming at that point then it's highly unlikely you will be owed any backdated money because your claim started off in the WRAG.

cornish_donkey

Sorry to be a pain but I’ve one last question...in 2012 the law said we as a couple needed £154.70 p.w to live on as IS couples rate was £111.45 and £43.25 was the couples disability element. £110.85 was paid from IB so only £43.85 was paid by IS (hope that makes sense) I’ve been looking at rates in 2012 and it has family and dependant child elements, I have 2 children so why were these rates not paid? Is it because we claimed CTC and child benefit for them instead?

Thank you so much for your valuable information x

poppy12345

cornish_donkey wrote: »

Sorry to be a pain but I’ve one last question...in 2012 the law said we as a couple needed £154.70 p.w to live on as IS couples rate was £111.45 and £43.25 was the couples disability element. £110.85 was paid from IB so only £43.85 was paid by IS (hope that makes sense) I’ve been looking at rates in 2012 and it has family and dependant child elements, I have 2 children so why were these rates not paid? Is it because we claimed CTC and child benefit for them instead?

Thank you so much for your valuable information x

You were claiming £110.85 IB and £43.85 IS that makes a total of £154.70..



It's those that were claiming ESA after transferring from IB that have the underpayments, not those that were still claiming IB. You could just contact them, or wait for them to contact you. Fill out the form and return it then wait for a decision.

cornish_donkey

Thanks for the info I just phoned them and they said I’m not on their list of claimants to be refunded but their system has me down as being on IR even though my letter says I was on IB so I’ve got to send a copy of my letter to them and ask them to investigate.

sportsarb

You were on Incapacity Benefit and Income Support, did you not say that yourself earlier in the thread?

poppy12345

cornish_donkey wrote: »

Thanks for the info I just phoned them and they said I’m not on their list of claimants to be refunded but their system has me down as being on IR even though my letter says I was on IB so I’ve got to send a copy of my letter to them and ask them to investigate.

Earlier in the thread you said you were claiming IB and IS. Then you were transferred to ESA and you were placed into the WRAG on CB.


As this is only paid for 1 year unless you were placed into the Support Group towards the end of that year you would have been assessed for Income Related, with your partner. You are now claiming Income Related ESA with your partner added onto your claim.



You are confusing IR (Income Related) with IB (Incapacity benefit) they are 2 completely different things. Based on the information given then it unlikely you will be owed any backdated money.

cornish_donkey

cornish_donkey wrote: »

Thanks for the info I just phoned them and they said I’m not on their list of claimants to be refunded but their system has me down as being on IR even though my letter says I was on IB so I’ve got to send a copy of my letter to them and ask them to investigate.

Sorry the IB in this quote is for Income based not Incapacity benefit.

sportsarb

So if both they and the letter say you are/were on income related/based benefits, what are they investigating?