ESA Underpayment and dentist fine and repayment advice

Captianjack

I have had a form to fill in ESA3 to say I may be able to get more ESA from 2013-2014
During the time on I was contribution based ESA after being moved from incapacity benefit. Myself and my partner was having dental treatment which I got a letter to say we was entitled to free dental care. We both had a instant fine of £100 each and repayment of treatment which was another £210 each. I was wondering if due to this underpayment of ESA and being put on contribution based ESA could I put a letter in with my ESA3 form to see of this would still stand, was it correct did I need to pay for dental care although while I was incapacity benefit I did not need to pay. Thank you for all advice.

poppy12345

Captianjack wrote: »

I have had a form to fill in ESA3 to say I may be able to get more ESA from 2013-2014
During the time on I was contribution based ESA after being moved from incapacity benefit. Myself and my partner was having dental treatment which I got a letter to say we was entitled to free dental care. We both had a instant fine of £100 each and repayment of treatment which was another £210 each. I was wondering if due to this underpayment of ESA and being put on contribution based ESA could I put a letter in with my ESA3 form to see of this would still stand, was it correct did I need to pay for dental care although while I was incapacity benefit I did not need to pay. Thank you for all advice.

They key word here is "maybe" owed money. Whether you will be owed anything will totally depend on your circumstance during that time. Was you partner working, or claiming any other benefits, pensions and savings/capital. These are all things that DWP look at when they assess you for this underpayment.


You said you had a letter saying you were entitled to free dental treatment? When was this letter dated from?



Those that are claiming Contributions based benefits aren't automatically entitled to free NHS treatment. You can fill out a HC2 form for the NHS low income scheme.


As the fine was 5-6 years ago i highly doubt you will be able to do anything about that now. If you were underpaid at that time and are owed some money i haven't heard of DWP compensation anyone for dental treatment.

Captianjack

I had a letter on the decision on the ESA3 form I sent in and its said I was not due ESA (IR)
due to my partners earnings. Which is fare enough.
On one of the pages showing all figures of whats been worked out:
It has column B for income related the total laws says we can pay you is £158.00
and then same column further down: Part time earnings £63.22
then it has a sum total column taking away my partners earning from the £158.00 giving
£94.78.
My partner works 2 hrs a day cleaning total 10 hours a week I thought that the first £20 a week was not counted I may be wrong but thought that figure should be £43.22 not £63.22 the total weekly wage. I have phoned ESA and spoke to advisor who agreed and thought the first £20 should be taken off, but could not confirm it and has sent and e-mail to the department that sent me the letter and will get them to ring me either today or tomorrow to go through it.

I just want to confirm that my partners earnings have been put down correctly, it may still mean we don't ESA underpayment but I just want to check.

poppy12345

Either way, working 10 hours per week will mean you wouldn't have been entitled to any income related top up at that time. The disability premium (enhanced) rate at that time was approximately £14.80 per week and your partner income would completely wipe that out.



I'm afraid their decision is correct.

Captianjack

Thank you Poppy for taking the time to reply and all the advice.