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  • FIRST POST
    • butterflies56
    • By butterflies56 19th Dec 17, 3:10 PM
    • 39Posts
    • 28Thanks
    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
    • 39 Posts
    • 28 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
    • 1 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
    • 147 Posts
    • 236 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
    • 794 Posts
    • 462 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
    • 3,977 Posts
    • 3,801 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
    • 12,072 Posts
    • 13,914 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.
    • butterflies56
    • By butterflies56 23rd Apr 18, 12:09 AM
    • 39 Posts
    • 28 Thanks
    butterflies56
    Quick Update
    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!
    Originally posted by butterflies56
    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!
    • notossers
    • By notossers 24th Apr 18, 11:44 AM
    • 1 Posts
    • 0 Thanks
    notossers
    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.
    Originally posted by epitome
    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?
    Thanks
    • poppy12345
    • By poppy12345 24th Apr 18, 12:37 PM
    • 3,977 Posts
    • 3,801 Thanks
    poppy12345
    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?
    Thanks
    Originally posted by notossers
    Yes, for EDP that's the only way for them to assess for the Income Related top up.

    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.
    • Sunset2018
    • By Sunset2018 25th Apr 18, 8:56 PM
    • 1 Posts
    • 0 Thanks
    Sunset2018
    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 x
    • Caggiehc
    • By Caggiehc 26th May 18, 12:09 AM
    • 4 Posts
    • 0 Thanks
    Caggiehc
    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 2018
    • Caggiehc
    • By Caggiehc 26th May 18, 12:14 AM
    • 4 Posts
    • 0 Thanks
    Caggiehc
    I've have been on the wrong Esa contribution based for years £114 a week 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 2018
    • epitome
    • By epitome 26th May 18, 2:17 AM
    • 3,160 Posts
    • 1,916 Thanks
    epitome
    I'm enquiring on behalf of a friend -
    • Is submitting the ESA3 the only way to get DWP to reassess eligibility for EDP YES and would it entail reassessment through a WCA? NO
    • How can the ESA3 be limited just to receive the repayment of the EDP? I don't understand the question, but EDP is only available on income related, income related requires an ESA3
    • 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? YES
    Thanks
    Originally posted by notossers
    no problem
    Last edited by epitome; 26-05-2018 at 10:00 AM.
    • epitome
    • By epitome 26th May 18, 2:38 AM
    • 3,160 Posts
    • 1,916 Thanks
    epitome
    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
    Originally posted by Sunset2018
    No problem
    Last edited by epitome; 26-05-2018 at 1:47 PM.
    • epitome
    • By epitome 26th May 18, 2:45 AM
    • 3,160 Posts
    • 1,916 Thanks
    epitome
    I've have been on the wrong Esa contribution based for years £114 a week 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 2018
    Originally posted by Caggiehc
    Should get it from Oct 2014, but ask for a MR, then appeal, and ask the appeal to be stayed if the Judicial Review (in this thread) has not happened yet.
    Last edited by epitome; 26-05-2018 at 9:57 AM.
    • epitome
    • By epitome 26th May 18, 2:48 AM
    • 3,160 Posts
    • 1,916 Thanks
    epitome
    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!
    Originally posted by butterflies56
    Good to see you are still at it.

    Did you ask for the arrears to be sent to the special payments section for compensation?
    • Andreaspage
    • By Andreaspage 22nd Jun 18, 5:43 PM
    • 13 Posts
    • 0 Thanks
    Andreaspage
    Hi,
    I would be grateful if anyone could help me. I've read through this thread and have gained a lot of knowledge from reading Epitome's replies.
    I was migrated onto Contributory ESA in the support group in June 2013.
    I was advised by ESA advisor in February this year, when informing them my son and I had moved house, that due to a court ruling I might be eligible for Enhanced Disability Premium, and backdated to Oct 2014.
    I received form ESA3 from them, posted it, and was awarded Enhanced Disability Premium but only backdated to February 2018.
    I have phoned a few times asking about the backdated amount and was told it was with a specialist team and would take months to process.
    I phoned again this Tuesday and was told I'd get a phone call by Thursday.
    No phone call, so I phoned today, and was advised my case was at Oldham and the girl put in an escalation and she informed me I'd receive a call in 3 hours. I didn't receive a call so phoned back (1 hour wait to get through on each call) and was told that no one had looked at my case yet and that Oldham is very busy.
    I asked for a direct number and was given 0800 169 0346.
    I phoned this number and was informed that they couldn't look at my case as it is at Torquay not Oldam, and the lady said she would email them and ask for them to phone me, but it wouldn't be until Tuesday next week.
    I feel I'm being brushed off and that no one seems to know what's going on.
    I'm worried that my case isn't being looked at at all.
    Any advice, contact numbers would be greatly appreciated. I have severe M.E and mental health problems, so I'm finding this very stressful.
    Thank you for any help.

    Had a phone call at 6pm tonight from Torquay centre, saying they have no record of my file, but will phone me on Monday to take a new application to see if I'm entitled to Enhanced Disability Premium, I told the gentleman that I already have been awarded it, but he said they need to take a fresh application to put me in the system so that I can be assessed for arrears payments.
    Last edited by Andreaspage; 22-06-2018 at 7:14 PM. Reason: New information
    • butterflies56
    • By butterflies56 29th Jul 18, 3:48 PM
    • 39 Posts
    • 28 Thanks
    butterflies56
    Dwp agree to pay backdated arrears to date of conversion from ib to esa
    Hello everyone who is still following the information on this thread...

    Here's the link to the DWP decision....

    https://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2018-07-18/HCWS877

    This decision was forced on the DWP by the Judicial Review not by Ester McVey!

    Here's the link to the PAC Report

    https://www.parliament.uk/business/committees/committees-a-z/commons-select/public-accounts-committee/news-parliament-2017/employmentsupport-allowance-report-published-17-19/

    • Andreaspage
    • By Andreaspage 29th Jul 18, 6:57 PM
    • 13 Posts
    • 0 Thanks
    Andreaspage
    Thank you for the info. It's good news.

    I've received the enhanced disability premium backdated to February 2018, and have been phoning every other day to ask when my case will be assessed for payment of arrears.

    I'll keep chasing them.
    • butterflies56
    • By butterflies56 31st Aug 18, 1:40 PM
    • 39 Posts
    • 28 Thanks
    butterflies56
    Here's the Latest Rightsnet Post regarding backdated payments regarding backdated payments of IRESA
    29 AUGUST 2018, 12:40 PM #381
    Joanna
    forum member
    Advice & Representation Centre, Union of Brunel Students
    Send message
    Total Posts: 139
    Joined: 18 June 2010
    I have spoken today to a very nice guy at Oldham. He explained that assessment of all the claims that go further than October 2014 has been suspended and that they have done nothing on these claims for past 4 weeks. Why? Because they are waiting for a letter from a government which formally confirms that they can…
    No calculations, no draft decisions, nothing is doing with those claims until they have this letter.
    They have very upset customers calling everyday but I was told the decision-makers cannot start work on those pre-October cases until some department (apparently OED, not sure what it means) confirms in writing they can go ahead.


    Mind boggles, people are at risk, but a piece of parchment rules the world.

    Anyone has a client with a good MP? Please get them on this. My MP is otherwise engaged plotting a coup.


    Here is link to the actual thread
    https://www.rightsnet.org.uk/forums/viewthread/5928/P375
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