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Incapacity Benefit To ESA Underpayment

edited 30 November -1 at 1:00AM in Benefits & Tax Credits
41 replies 11.7K views
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  • mrsm74mrsm74 Forumite
    15 posts
    I didn't expect it'd take this long tbh.

    I hope you'll hear soon. I will let you know as soon as I hear something. Fingers crossed!
  • BBS19BBS19 Forumite
    8 posts
    Hi PeppaPiglet and Mrsm74

    I found your posts whilst searching to see how long people are having to wait to hear about the underpayment.

    I received the large ESA3 form in November last year and actually sent it back on the 17th Nov, which is around 21 weeks ago.

    In January I received a letter asking for more information, which was to confirm my nationality 🙄 Now, call me sceptical, but I’m 99.9% certain I didn’t miss this vital piece of information on the original form (I always check, check and check again!) The letter stated that once they received my reply it would be sent to the ‘processing team’.

    I hadn’t heard anything and so I finally braved it and phoned the dedicated number last week (I get very anxious using the phone!) The lady was lovely, and explained that her department just checks the data on the forms, and all she could tell me was that it was all OK and received by the processing team on February 1st, and the 12 weeks begin from *that* date! So I’m now in week 10, despite sending the form back in November!

    I appreciate they’re being pushed to the limit with the amount of claims they’re having to look at, but let’s hope we all hear *very* soon.

    I’ll also post again as soon as I hear.
  • mrsm74mrsm74 Forumite
    15 posts
    Hi BBS19
    I'm in a similar situation now. My form was received by them on 20th December and when I received a call for more info I was also told it had been sent to 'Processing' The guy also said if I hadn't heard back by 15th March, I was to call back to have it escalated.

    I called on 15th March but was told that I must have misunderstood as the 12 weeks begins from when my paperwork is sent to 'Processing' I wasn't misunderstood, the guy definitely told me to call back on 15th March and I put it in my calendar to remind me.

    I'm now on week 7 from it being sent to 'Processing' so all in, I calculate the total time so far as 16 weeks 😐

    It's taking a long time!
  • Hi


    Husband received his response today, a big fat "Computer says NO!". Letter says "We have reviewed your benefit and having looked at the information you gave us, you not entitled to ESA (IR) from 12th August 2011" it then goes on to say "The Contributions Based ESA that you have already received exceeds the amount payable on Income Related ESA. We have included a copy of the assessment panels to show how the decision was made".


    There is one double sided sheet, full of figures, which to be honest do not make any sense at all, and which I am having trouble working out. In addition, the first column gives figures from 12.08.2011 to 12.04.2012, the second column jumps to 01.07.2016 to 13.04.2017 and the final column, on the back of the sheet jumps to 29.12.2017 to 12.04.2018, there are no entries for the missing dates. Also there is an entry in the "taking away - from your income based Employment Support Allowance any money shown here (it then shows his Occupational Pension (below £84 so I was under the impression this was not counted) AND Part Time Earnings - £110.46 (11/12) . The 16/17 figures shows his Occupational Pension, (again less than £84), and Part time earnings of £34.00, 17/18 figures show his Occupational Pension of £84.01 and part time earnings of £36.25.



    I was under the impression that any pension under £84 per week was discounted? Also, I have no idea what the part time earnings are meant to be. He has never worked since being medically retired in 2011.


    I can't help but feel that the whole document is intended to confuse us, there does not appear to be any logic to it at all and I am really confused as to how they have arrived at their figures. I am going to sit down with my calculator and our copy of the form we sent to see if I can make sense of it. I am going to contact them and ask them to explain their workings out - would appreciate if anybody had an email address to contact them.


    Anyway, good luck to those waiting to hear and hope it is better news for you.


    Best wishes


    PP
  • sportsarbsportsarb Forumite
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    There is no disregard on income related benefit for pensions. It is taken in penny for penny.
  • TELLIT01TELLIT01 Forumite
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    If he had no income other than the pension it may be worth contacting DWP to find out what that refers to. As sportsarb says, pension income is not disregarded on Income Related ESA so IR entitlement would be reduced by the full amount of the pension.
  • Ah, I didn't know that, thank you. I am going to look back through his copy of the form just to see if I can make sense of it. Definitely no other income, so I will need to check this out. Also wondering about the missing years, there is no explanation or mention of 12/13, 13/14, 14/15 and his claim has been a continuous one, without any breaks.


    Thank you.
  • jasonwatkinsjasonwatkins Forumite
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    Reading this thread has made me quite sad :)

    I got these forms a week or so ago and filled them out and sent them back within a day, but I guess i didn't read the part about the 12 week wait.

    Does anyone know if there are any indicators as to whether or not i'll get a payout ?

    My IB and ESA claims have all been fairly 'vanilla' - I don't have any savings or any other money and didn't have any when i was moved from IB if that makes any difference.
  • mrsm74mrsm74 Forumite
    15 posts
    Oh I'm sorry it wasn't better news Peppa but if I was you I'd definitely be contacting them for further clarity and also to find out where they are getting these income figures from! Seems a very long wait just to tell you that you're not entitled to any backpay!!
  • edited 13 April 2019 at 7:17PM
    KxMxKxMx Forumite
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    edited 13 April 2019 at 7:17PM
    Reading this thread has made me quite sad :)

    I got these forms a week or so ago and filled them out and sent them back within a day, but I guess i didn't read the part about the 12 week wait.

    Does anyone know if there are any indicators as to whether or not i'll get a payout ?

    My IB and ESA claims have all been fairly 'vanilla' - I don't have any savings or any other money and didn't have any when i was moved from IB if that makes any difference.

    From my understanding, if you were awarded Support Group you have a very good chance of getting backpay, WRAG much less so.

    Of course I am speaking generally and there are always exceptions.
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