IB/ESA Mistake By DWP

bytor1971 · 18 April 2019 at 8:00PM

Hello everyone! I just got a letter today saying that I might have been underpaid when they switched my claim from the old Incapacity Benefit to the ESA due to being on Contributions Based ESA instead of Income-Related ESA.

I thought that they could only go as far back as 2014 but the letter says that the time in question relates to the dates October 2011 to October 2012, 51 weeks I think. Have I got that wrong or have they changed the dates or something?

And is there any way to calculate how much I'll be getting? I've no idea what the difference is between a weekly 2011-2912 Income Related ESA and a weekly 2011-2012 Contributions Based ESA.

I'm not going to get my hopes up or anything but it would be nice to know in advance how much I'm likely to get. Or even if there's no chance in getting anything at all.

Thanks in advance for any help!

Alice_Holt · 18 April 2019 at 8:14PM

Yes, the DWP are now going back prior to 2014 after losing a high court case initiated by CPAG.

http://www.cpag.org.uk/content/cpag-legal-action-leads-to-full-arrears-disabled-claimants

How much you get will depend on the ESA Income-based premiums payable to you during this period.
Current rates for severe disability premium are c.£66 pw, for enhanced disability premium c.£17 pw.

calcotti · 18 April 2019 at 8:24PM

bytor1971 wrote: »

I've no idea what the difference is between a weekly 2011-2912 Income Related ESA and a weekly 2011-2012 Contributions Based ESA.

For a single person the difference would typically be about £14.05/week unless there was transitional protection included in the ESA award which would reduce the difference. However if the circumstances of the claimant (in receipt of DLA ec.) meant the Severe Disability Premium is applicable this would be an extra £55.30/week in 2011-2012.

https://revenuebenefits.org.uk/pdf/DWP_HMRC_Benefit_rates_2010_11_12.pdf

TELLIT01 · 18 April 2019 at 8:32PM

Although the figures for the various premiums may be correct, it doesn't mean that the OP is actually entitled to anything. The letter says they MAY have been underpaid. Until the ESA3, or whatever they are using to collect the information, is completed and returned it's not possible to say with any certainty what may be owed to the OP.

bytor1971 · 18 April 2019 at 8:49PM

Okay, thanks everyone. Does being changed from the Support Group to the Work Related Group and back to the Support Group again make any difference. I've been on both and moved from one to the other a few times due to appeals and stuff. Knowing my luck it'll be the year that I spent in the Work Related thing.

Hope I get something, I need a new washer dryer lol

Probably best not to expect anything cos then I won't be disappointed and have the potential of a nice Brucie Bonus surprise

Thanks again for your help everyone! :dance:

calcotti · 18 April 2019 at 9:01PM

TELLIT01 wrote: »

Although the figures for the various premiums may be correct, it doesn't mean that the OP is actually entitled to anything. The letter says they MAY have been underpaid. Until the ESA3, or whatever they are using to collect the information, is completed and returned it's not possible to say with any certainty what may be owed to the OP.

Indeed........

IB/ESA Mistake By DWP

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