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  • FIRST POST
    • butterflies56
    • By butterflies56 19th Dec 17, 3:10 PM
    • 28Posts
    • 23Thanks
    butterflies56
    DWP errors and cut off date for backdated premiums
    • #1
    • 19th Dec 17, 3:10 PM
    DWP errors and cut off date for backdated premiums 19th Dec 17 at 3:10 PM
    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!
Page 2
    • butterflies56
    • By butterflies56 11th Apr 18, 12:05 AM
    • 28 Posts
    • 23 Thanks
    butterflies56
    Here's a link to the Rightsnet thread post no 281 30 March 2018
    giving details of an Application by CPAG for Judicial Review regarding limiting of backdated arrears in IB to ESA migration cases where backdating was limited to 21 October 2014

    https://www.rightsnet.org.uk/forums/viewthread/5928/P270
    • End98
    • By End98 17th Apr 18, 8:25 PM
    • 2 Posts
    • 0 Thanks
    End98
    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.
    • Nannytone
    • By Nannytone 17th Apr 18, 8:47 PM
    • 48 Posts
    • 107 Thanks
    Nannytone
    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]
    • bigbill
    • By bigbill 17th Apr 18, 9:15 PM
    • 736 Posts
    • 435 Thanks
    bigbill
    Sorry disagree
    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]
    Originally posted by Nannytone
    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.
    • poppy12345
    • By poppy12345 17th Apr 18, 10:10 PM
    • 2,411 Posts
    • 2,378 Thanks
    poppy12345
    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.
    • pmlindyloo
    • By pmlindyloo 17th Apr 18, 10:58 PM
    • 11,403 Posts
    • 13,289 Thanks
    pmlindyloo
    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.
    Originally posted by poppy12345
    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.
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