DWP errors and cut off date for backdated premiums
Comments
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Hi everyone, I've looked everywhere but really don't understand this whole thing.
I was migrated from Incapacity benefit at the end of 2011 if memory serves and was placed in the Support Group in 2012. I'm on Contribution based ESA despite never having worked due to disability. I live with my parents and have no income besides my ESA.
Does anyone think this Income related ESA thing applies to me?
Thankyou to anyone who responds.0 -
No it doesn't apply to you. There are certain criteria that need to be met in order for you to claim the income related premiums.
One is that you would need to be receiving either middle or high rate DLA care or either rate of pip. You would also have to live on your own or with another qualifying adult as well as no one claiming carers allowance for helping you/B]0 -
No it doesn't apply to you. There are certain criteria that need to be met in order for you to claim the income related premiums.
One is that you would need to be receiving either middle or high rate DLA care or either rate of pip. You would also have to live on your own or with another qualifying adult as well as no one claiming carers allowance for helping you/B]
I feel it does apply to you as being in the ESA support group would give you about £125 including an income based top up, where as contribution based only is about £109 both weekly so your missing out on £16 weekly from the migration date or the date you went into the support group.
Nannytone is talking about the severe disability premium and is right your not due this but you are due the £16 weekly top up now and before.0 -
I agree with bigbill and the extra £16 per week does apply to you because you're in the Support Group and as you have no other income then you should be claiming the Income Related top up. SDP doesn't apply.
You need to ring ESA and ask them to send you the ESA3 form to apply for the top up. They will only backdate it to October 2014 though.0 -
poppy12345 wrote: »I agree with bigbill and the extra £16 per week does apply to you because you're in the Support Group and as you have no other income then you should be claiming the Income Related top up. SDP doesn't apply.
You need to ring ESA and ask them to send you the ESA3 form to apply for the top up. They will only backdate it to October 2014 though.
I agree that you should have been awarded the Enhanced Disability Premium as you are in the Support group (always in the support group since transfer to ESA?) I am presuming you have savings under £6000.
And yes, ask for the ESA3 form from the DWP .
The decision about only backdating to 2014 is being challenged at a judicial review with the decision expected at the end of April.
I would strongly advise you to ask for backdating of the Enhanced Disability Premium from when you were transferred to ESA. At least you will be 'in the system' ready if this ruling is overturned.0 -
butterflies56 wrote: »With a great deal of help from Epitome, I filled in an ESA3 form and backdated it to Oct 2012
As I had been migrated from IB to ESA(cont) and Support Group at that time but did not receive and ESA3 form in 2012.
I met all the criteria for Enhanced Disability Premium but never received these payments.
Even though the payments showed up on my Housing and council Tax Benefits letters.
Anyway, fast forward to this week and I have received a letter from the DWP and payment for backdated EDP to Oct 2014. So 3 out of 5years payments received.
The DWP quote..."By law we are unable to pay you for any period before October 2014 (Section 27 of the Social Security Act 1998).
I did some research on this and have found that the DWP are using "Error in Law' to get around not paying people(these are the 75.000 claimants who have been underpaid) the EDP(in my case) and probably SDP in other cases.
I have never had to appeal anything before with the DWP but I am going to appeal this decision.
My question is....How do I appeal?
Do I just write to them and say I am appealing the decision or do I need to fill in a particular form?!
Thanks in advance for anyone's help!
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!
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The act of completing the ESA3 is a request for a supersession of ESA.
So what DWP are saying is that they will only grant the supersession back to Oct 2014. This is how the OCT 2014 UT decision becomes relevant.
I'm enquiring on behalf of a friend -- Is submitting the ESA3 the only way to get DWP to reassess eligibility for EDP and would it entail reassessment through a WCA?
- How can the ESA3 be limited just to receive the repayment of the EDP?
- For ESA-claims which may be discontinued before the outcome of the current JR - would claimants still be entitled to repayment of the underpaid premia (EDP/ SDP if eligible) between at least 21 October 2014 and whenever the claim is discontinued in the present?
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Yes, for EDP that's the only way for them to assess for the Income Related top up.I'm enquiring on behalf of a friend -- Is submitting the ESA3 the only way to get DWP to reassess eligibility for EDP and would it entail reassessment through a WCA?
- How can the ESA3 be limited just to receive the repayment of the EDP?
- For ESA-claims which may be discontinued before the outcome of the current JR - would claimants still be entitled to repayment of the underpaid premia (EDP/ SDP if eligible) between at least 21 October 2014 and whenever the claim is discontinued in the present?
No, a re-assessment of a WCA is not needed for this.
If they're entitled to the top up of the EDP then SDP can be applied for by ringing DWP and claiming over the phone, or by asking them to send out the IS10 form but other criteria apply for this. See link for criteria for SDP.
https://www.turn2us.org.uk/Benefit-guides/Severe-Disability-Premium/What-is-a-Severe-Disability-Premium
Not sure about the other question but if they were entitled to it and weren't paid i see no reasons why they wouldn't be owed it.0 -
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 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 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 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.
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??
I am going to complete a MR for her but just wondering if anyone has any thoughts on her case.
Many thanks for taking your time to read this x0 -
I've have been on the wrong Esa contribution based for years £114 a week transferred from ib when I should have been on income related with edp and sdp I've recently been transferred to income related currently getting £191 a week but they told me my backdated money will take longer does anyone know if I will get edp and sdp premiums backdated and how long this usually takes they received my form on the 6th of March 20180
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