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  • FIRST POST
    • mrsm74
    • By mrsm74 15th Feb 19, 10:19 AM
    • 15Posts
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    mrsm74
    Incapacity Benefit To ESA Underpayment
    • #1
    • 15th Feb 19, 10:19 AM
    Incapacity Benefit To ESA Underpayment 15th Feb 19 at 10:19 AM
    Hi I'm new and I think I've already posted my question somewhere as couldn't work out how to create a new thread.!I've completed an esa3 ibr form and have recognised I will be entitled to backdated edp however I've also noticed that back in 2012 I was receiving £70 something living expenses. If I had been assessed for IR top up, would my living expenses have been higher as I have a wife who had come off JSA and was receiving nothing at all. Any advice appreciated

    Quick Reply
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    • calcotti
    • By calcotti 15th Feb 19, 1:17 PM
    • 2,586 Posts
    • 1,733 Thanks
    calcotti
    • #2
    • 15th Feb 19, 1:17 PM
    • #2
    • 15th Feb 19, 1:17 PM
    Hi I'm new and I think I've already posted my question somewhere as couldn't work out how to create a new thread.!I've completed an esa3 ibr form and have recognised I will be entitled to backdated edp however I've also noticed that back in 2012 I was receiving £70 something living expenses. If I had been assessed for IR top up, would my living expenses have been higher as I have a wife who had come off JSA and was receiving nothing at all. Any advice appreciated
    Originally posted by mrsm74
    If you were receiving income based ESA your wife would have been added to your claim and your entitlement would have been calculated on your circumstances as a couple. Your entitlement would likely have been higher as a result if your wife had no income of her own.

    I'm not sure what you mean by you were receiving £70 living expenses in 2012 - from where?
    • mrsm74
    • By mrsm74 15th Feb 19, 5:21 PM
    • 15 Posts
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    mrsm74
    • #3
    • 15th Feb 19, 5:21 PM
    • #3
    • 15th Feb 19, 5:21 PM
    Thank you for the reply. On my ESA benefit breakdown it starts with 'Living Expenses For You £72' the problem is I was on Contribution Based having been migrated over from Incapacity Benefit. I wasn't assessed for an income related top up. If they had, they would've discovered that I was entitled as my wife had been made redundant and wasn't claiming hence why they have sent me an ESA 3 (ibr) claim form. Thanks again
    • mrsm74
    • By mrsm74 27th Feb 19, 9:23 AM
    • 15 Posts
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    mrsm74
    • #4
    • 27th Feb 19, 9:23 AM
    • #4
    • 27th Feb 19, 9:23 AM
    Update; So I received a call from DWP yesterday to ask me a few questions I hadn't completed on the form. Only took a few minutes then he said my claim was now being sent to his colleagues in processing. Don't know how long this will take but at least things are moving.
    • sportsarb
    • By sportsarb 28th Feb 19, 4:35 PM
    • 863 Posts
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    sportsarb
    • #5
    • 28th Feb 19, 4:35 PM
    • #5
    • 28th Feb 19, 4:35 PM
    Your wife had no savings from any compensation paid for redundancy?

    If so.....good luck.
    • mrsm74
    • By mrsm74 28th Feb 19, 7:26 PM
    • 15 Posts
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    mrsm74
    • #6
    • 28th Feb 19, 7:26 PM
    • #6
    • 28th Feb 19, 7:26 PM
    No savings unfortunately and redundancy was under 16k and was used within about 6 months. Not really sure how long the process takes and not 100% on what we'll be entitled to. Currently on week 10 from dwp receiving my completed form
    • peppapiglet
    • By peppapiglet 27th Mar 19, 12:33 PM
    • 8 Posts
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    peppapiglet
    • #7
    • 27th Mar 19, 12:33 PM
    How long?
    • #7
    • 27th Mar 19, 12:33 PM
    Hi MrsM74


    Just wondering if you have now had a reply by now? My husband is currently into week 12 (will be 12 weeks on Monday 1st April) afer sending his forms first week in January, signed for by DWP 7th January.


    He has not had any contact whatsoever between January and now, now phones calls or texts. Would be helpful to know if DWP adhere to the 12 weeks or not. I have an awful feeling that that they will say they haven't received the forms - although I have read somewhere that if they don't receive the forms they send reminders?


    Hope if you did hear it was good news, and would appreciate knowing if it took 12 weeks or more.


    Thank you


    PP
    • poppy12345
    • By poppy12345 27th Mar 19, 1:31 PM
    • 5,218 Posts
    • 4,803 Thanks
    poppy12345
    • #8
    • 27th Mar 19, 1:31 PM
    • #8
    • 27th Mar 19, 1:31 PM
    Hi MrsM74


    Just wondering if you have now had a reply by now? My husband is currently into week 12 (will be 12 weeks on Monday 1st April) afer sending his forms first week in January, signed for by DWP 7th January.


    He has not had any contact whatsoever between January and now, now phones calls or texts. Would be helpful to know if DWP adhere to the 12 weeks or not. I have an awful feeling that that they will say they haven't received the forms - although I have read somewhere that if they don't receive the forms they send reminders?


    Hope if you did hear it was good news, and would appreciate knowing if it took 12 weeks or more.


    Thank you


    PP
    Originally posted by peppapiglet
    The 12 weeks was just a guide and it has now increased to well over than time for many people. The best thing you can do is ring DWP to check they received the form and to ask if there's any updates. Other than that you'll need to wait for a letter, or money in your bank if you're owed anything.
    • mrsm74
    • By mrsm74 31st Mar 19, 7:52 PM
    • 15 Posts
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    mrsm74
    • #9
    • 31st Mar 19, 7:52 PM
    • #9
    • 31st Mar 19, 7:52 PM
    Hi, No I'm still no further forward!

    I called for an update a few weeks ago and the man said if I haven't heard by 15th March, to call and ask it to be escalated. Ive called twice since 15th March but nobody knows how to escalate it.

    Guess I need to just wait. It's been 16 weeks for me so far so they're obviously not keeping to the 12 weeks.

    I was like your husband, I hadn't heard anything from December when I posted the paperwork so I ended up calling in February and they confirmed it had been received. It's very frustrating!
    • mrsm74
    • By mrsm74 31st Mar 19, 7:56 PM
    • 15 Posts
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    mrsm74
    I'd have hoped if people are assessed as not being entitled to backpay, theyd be told well before week 12 or 16 as it goes through several stages prior to going to processing. Ive read of people being told by week 2 but I suppose anything is possible.
    • peppapiglet
    • By peppapiglet 3rd Apr 19, 11:49 AM
    • 8 Posts
    • 1 Thanks
    peppapiglet
    Thank you for replying. 16 weeks is a long time! I will come back and update when my husband has a response, either way. Would be grateful if you could do the same, so I can have some idea how long he is looking at.


    Thank you


    PP
    • mrsm74
    • By mrsm74 3rd Apr 19, 5:59 PM
    • 15 Posts
    • 4 Thanks
    mrsm74
    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!
    • BBS19
    • By BBS19 8th Apr 19, 3:43 PM
    • 8 Posts
    • 2 Thanks
    BBS19
    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 Iím 99.9% certain I didnít 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 Ďprocessing teamí.

    I hadnít 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 Iím now in week 10, despite sending the form back in November!

    I appreciate theyíre being pushed to the limit with the amount of claims theyíre having to look at, but letís hope we all hear *very* soon.

    Iíll also post again as soon as I hear.
    • mrsm74
    • By mrsm74 9th Apr 19, 10:39 AM
    • 15 Posts
    • 4 Thanks
    mrsm74
    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!
    • peppapiglet
    • By peppapiglet 11th Apr 19, 2:43 PM
    • 8 Posts
    • 1 Thanks
    peppapiglet
    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
    • sportsarb
    • By sportsarb 11th Apr 19, 3:18 PM
    • 863 Posts
    • 589 Thanks
    sportsarb
    There is no disregard on income related benefit for pensions. It is taken in penny for penny.
    • TELLIT01
    • By TELLIT01 11th Apr 19, 5:08 PM
    • 6,397 Posts
    • 7,112 Thanks
    TELLIT01
    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.
    • peppapiglet
    • By peppapiglet 11th Apr 19, 5:15 PM
    • 8 Posts
    • 1 Thanks
    peppapiglet
    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.
    • jasonwatkins
    • By jasonwatkins 12th Apr 19, 9:52 PM
    • 2,033 Posts
    • 674 Thanks
    jasonwatkins
    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.
    • mrsm74
    • By mrsm74 13th Apr 19, 4:13 PM
    • 15 Posts
    • 4 Thanks
    mrsm74
    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!!
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