Enhanced Disability Premium Backdating Refused...Going to Tribunal
Comments
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Scoundrels.
Preliminary hearings are for employment tribunals and criminal cases I thought
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They are boils on the ass cheek of society, the whole DWP is. I heard they do a pre tribunal review and sometimes make an offer so thought id askWhatThe said:
Scoundrels.
Preliminary hearings are for employment tribunals and criminal cases I thought0 -
That's correct. DWP usually look at all the information again and may make an offer of an award before the hearing but it's quite rare for them to do this.robdx said:
I heard they do a pre tribunal review and sometimes make an offer so thought id askWhatThe said:
Scoundrels.
Preliminary hearings are for employment tribunals and criminal cases I thought
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Sorry to dig this up again, after having my original tribunal date in september cancelled due to OCS security guards being on strike I have finally been given a new date...11th January0
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Under normal circumstances I would say its a case they only backdate to the point you sent in the ESA3.However there was a en masse backdating claimants thing that happened years ago, I remember as I benefited from it.Like yourself I found out late I could qualify for EDP and I filled in an ESA3, they paid it from the date on the form.Then a year or two later I started reading news articles and social media posts the DWP was backdating people like me who migrated from IB to ESA, and were never correctly considered for the income related element.I eventually got EDP backpayments right up until the first day I was put in SG.So my suggestion is to find documents and articles about this and make the argument you should have been included in the corrections the DWP were making, this to me is a clear legal precedent the fact the DWP had to do this.One such reference here.Looking at that article I suspect you wasnt caught in the net because your claim started in 2016 instead of been migrated from IB in 2014. But it doesnt make your claim any less eligible in my opinion, especially as the DWP actually advised you to skip the means tested part (a clear error on their part).Like the article says before they added the IR topup, I was not classed as on a means tested benefit (housing benefit I think didnt count) so I had to keep filling in HC1 forms for free prescriptions, I no longer need to do this, so its not just the EDP its also passport costs as well.
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worried, I found this in your link - outrageous!Schofield admitted that DWP appeared to have failed to secure legal advice when it was beginning the migration from IB and other benefits to ESA.
He said: “Clearly the procedures that should have been followed to get legal advice were not.”
He said DWP would make “absolutely sure” that it obtained legal advice throughout the process of the current migration of a number of working-age benefits to the new universal credit.
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Thank you for proiding that link I have forwarded it to my advisor to see if he thinks I should submit as evidence.worried33 said:Under normal circumstances I would say its a case they only backdate to the point you sent in the ESA3.However there was a en masse backdating claimants thing that happened years ago, I remember as I benefited from it.Like yourself I found out late I could qualify for EDP and I filled in an ESA3, they paid it from the date on the form.Then a year or two later I started reading news articles and social media posts the DWP was backdating people like me who migrated from IB to ESA, and were never correctly considered for the income related element.I eventually got EDP backpayments right up until the first day I was put in SG.So my suggestion is to find documents and articles about this and make the argument you should have been included in the corrections the DWP were making, this to me is a clear legal precedent the fact the DWP had to do this.One such reference here.Looking at that article I suspect you wasnt caught in the net because your claim started in 2016 instead of been migrated from IB in 2014. But it doesnt make your claim any less eligible in my opinion, especially as the DWP actually advised you to skip the means tested part (a clear error on their part).Like the article says before they added the IR topup, I was not classed as on a means tested benefit (housing benefit I think didnt count) so I had to keep filling in HC1 forms for free prescriptions, I no longer need to do this, so its not just the EDP its also passport costs as well.
Even though I did not migrate from IB it does seem to be the same failing to correctly assess both entitlements0 -
Interesting as they are claiming there is no provision in law to backdate. I think I will add that link to my evidence.WhatThe said:
worried, I found this in your link - outrageous!Schofield admitted that DWP appeared to have failed to secure legal advice when it was beginning the migration from IB and other benefits to ESA.
He said: “Clearly the procedures that should have been followed to get legal advice were not.”
He said DWP would make “absolutely sure” that it obtained legal advice throughout the process of the current migration of a number of working-age benefits to the new universal credit.
The whole thing has been a farce from the start, from the initial phonecall I was told I cannot add on Income related I had to make 3 calls just to get an ESA3 sent. Then it took 5 seperate people at ESA including a senior manager to realise it could actually be added.
A decision maker then claimed it couldn't be backdated because it was a change of circumstances. It was only at MR they then suddenly claimed I had only asked for contribution based and then 2 weeks later asked for income based and was sent a form. Even the claim form does not mention it is possible to have both elements.
The facts are from january 2016 to july 2022 I was living on contribution based only with no passported benefits such as free prescriptions or NHS eyetests which I need and had to pay for during that period. I was living under what they say I need for six and a half years1 -
LEAP exercise Thomas, Robert, Legal Entitlements and Administrative Practices: Leap Exercises and Benefits Administration (March 1, 2022). The University of Manchester Legal Research Paper Series No. 22/07, R Thomas, 'Legal Entitlements and Administrative Practices: LEAP Exercises and Benefits Administration' (2022) Journal of Social Security Law (forthcoming), Available at SSRN: https://ssrn.com/abstract=4052616
This is an excellent paper
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Thank you for that I have submitted that and the link from Worried 33 above to my advocate to get his advice on if I should add to the evidence. I think I definitely should but the advocate from Kirklees benefits advisory has said I have to run any evidence by him firstWhatThe said:
LEAP exercise Thomas, Robert, Legal Entitlements and Administrative Practices: Leap Exercises and Benefits Administration (March 1, 2022). The University of Manchester Legal Research Paper Series No. 22/07, R Thomas, 'Legal Entitlements and Administrative Practices: LEAP Exercises and Benefits Administration' (2022) Journal of Social Security Law (forthcoming), Available at SSRN: https://ssrn.com/abstract=4052616
This is an excellent paper0 -
Glad you have the advocate to argue your case0 -
Me too, he has instructed me to submit the link from worried 33 above but not the one you provided, I would have thought both but he says they will already be well aware of the facts of the LEAP exercise, but thank you once again for providing itWhatThe said:
Glad you have the advocate to argue your case1 -
I apologise thats not the best link, I had to get of the computer due to pain I was in at the time and was hard to find reference to it at all. But if I find a better one with more detail I will pass it on to you here in this thread, and I am happy if this helps you.
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No its been a great help, anything at all that might help the tribunal see it that ESA is one benefit and I should have been getting both parts rom the start of the claim in jan 2016. They had always got all the facts that I was and still am living alone with no other income and there own guidelines say that should entitle me to full contribution based ESA plus income based top up and they failed to implement those guidelinesworried33 said:I apologise thats not the best link, I had to get of the computer due to pain I was in at the time and was hard to find reference to it at all. But if I find a better one with more detail I will pass it on to you here in this thread, and I am happy if this helps you.1 -
The DWP in my opinion will always try to get their own way especially if it involves having to pay out money.
I had a similar situation with a re-assessment for Industrial Injuries Benefit. I attended the face to face assessment but soon after fell ill and became hospitalised for many months. So bad that during that time they had to telephone my wife twice at night telling her that she should come as it was likely that I would not make it through the night.
Eventually I was discharged but was still very ill. It took 7 years before I was fit enough to go through our financial affairs, letters etc. I found one letter telling me that I had failed the IIDB assessment. I appealed and had another assessment which led to them re-awarding me back 7 years to what I had previously.
I asked about a backdate for the previous 7 years seeing that they accepted that I should never have had it stopped in the first place.
Sorry no backdate allowed.
Why? because I had not submitted an appeal against the initial decision of 7 years ago. All in all those missing 7 years amounted to well over £20,000!0 -
So its tribunal day tomorrow, spoken to my advocate today, he says most of DWP evidence is jargon, but it clearly states on my initial application notes that my situation at the time of applying were that I live alone with no income and also documented at the time I was struggling and found the application process dificult. He has complimented me on my diligence in providing a lot of evidence. A lot of that has come from some of you so I would just like to say that whatever the outcome, I thank you so much for your help
Does anyone have any last minute advice1 -
Trust in the process.
They bluff so much more than people realise.
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Just tell it how it is but the evidence may speak for itself. I'll be very very surprised if you didn't win this! Good luck and please do come back to let us know the outcome!robdx said:
Does anyone have any last minute advice
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I think it will come down to if the judge believes that even though I did not migrate from incapacity as per LEAP cases, that it was the same failings from DWP, that they should assess for both contribution and income based. My advocate has said that is our opening argumentWhatThe said:
Trust in the process.
They bluff so much more than people realise.1 -
I certainly will, and thank you for your support through all thispoppy123456 said:
Just tell it how it is but the evidence may speak for itself. I'll be very very surprised if you didn't win this! Good luck and please do come back to let us know the outcome!robdx said:
Does anyone have any last minute advice1
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