DWP errors and cut off date for backdated premiums

Sunset2018 wrote: »

Hi
Thanks for such an informative thread. I am looking for information in order to help my mum with an application to back date the extreme disability element (not sure of exactly how it is termed) of ESA. Her situation has not arisen dye to migration from IB but seems similar.
She applied for ESA in 2010 when she could no longer work due to Multiple Schlerosis. She was awarded Contribution Based ESA
You would need to ask them to look at the CAM claim record (if she applied by phone and did the claim over the phone there will be a record of it) Ask them to look to see if it was claimed as ESA Conts or ESA Conts & IR.(she may have claimed IR but they did not process the claim correctly) (also be aware that you don't know if the person on the other end of the phone knows how to find this out...tell them to look in CAM, then look in the "claim type" tab it will say in there what type of ESA was originally claimed. Hopefully they will know where to look. but you could try calling again and speak to another). You could also ask for a copy of the call recording for the new claim to see if she was coerced into claiming just ESA Conts, they should not direct or suggest to the claimant which one to claim, it should be the claimants choice entirely... Does she remember why she claimed ESA Conts only? It is possible that ESA IR has been claimed and she is not getting it for some other reason...you would have to ask DWP what the current situation is.

and also claimed DLA at the time as was awarded Middle Rate Care and High Rate Mobility. In 2011 they requested she go for a health assessment. She was unable to make the appointment they sent and eventually just placed her in the support group
At the point of her award for Support Group is the date of supersession. She can ask for ESA IR to backdated to the date of supersession. However, all the talk on this thread then becomes relevant, because this is an exact copycat of what is referred to as the "lead case" The DWP may only allow arrears back to Oct 2014, the CPAG people are saying there was another lead case in June 2014, so it is possible depending on the JR outcome you could get backdating allowed to Jun 2014.

and awarded her the extra money without seeing her to assess her medical issues but did not transfer her to Income Related ESA, she remained on contribution based until now when we were made aware by completing an online benefits checker that she may be entitled to an extra £16 a week in ESA if she were on income related. We filled in the ESA 3 form and have received the new award notice saying she has been moved to IR and has been awarded an extra £15.90 because of the "Disability Income Guarantee"
We requested this be backdated to the start of the claim
If all is as you have said it is, she cannot ask for it from the start of the claim, only from the date of a supersession/review

as nothing has ever changed in her circumstance since she first applied for ESA back in 2010. They declined our request and said they would only issue the extra funds from the date they received the ESA3 form.
They are wrong to refuse the backdating. The DWP staff (despite all the cases currently under review) are not knowledgeable of what the tribunal decisions have been and what that means to them. The backdating should be allowed to the date of a review (i.e. SG decision) however only payable from Oct 2014
Seeing as her circumstance have never changed and are the same now as they were back in 2010, surely they made an error at the start with her application and she should have been in receipt of this extra part right from the start???
By awarding it her now following no change of circumstance, are they not admitting she should have been in receipt of it all along??
No they are not. She has applied for ESA Conts. She can only now apply for ESA IR from a date of review.

I am going to complete a MR for her but just wondering if anyone has any thoughts on her case.
You can ask for an MR within 13 months and an appeal, if your MR request failed, you should take to appeal, with my information, you would need to cite the October 2014 Upper Tribunal case reference no. I don't have it to hand but someone on the internet should be able to give it to you. It might even be in this thread.
You should also in addition to starting an appeal, ask again for an MR with my information.

Many thanks for taking your time to read this x

butterflies56 wrote: »

I filled in the appropriate Appeal Form and sent it off to the HMCTS.
DWP wanted the Appeal Struck Out as the DWP did not believe it would succeed(nice try!).... but it has been allowed!
A few weeks later the CPAG Application for Judical Review was presented to the High Court
Here's the link with more information...
http://www.cpag.org.uk/content/charity-takes-legal-action-against-dwp-disabled-claimants’-arrears

I then applied to the Court for a stay of appeal pending the Judicial Review which has been accepted. So just have to wait and see what happens. In the meantime I will try and get through each day the best I can being totally housebound and bed bound the majority of the time...it's not as though I'm in any rush!