Underpayment of ESA

Bingo90

I was wandering if anyone knows how to find out about the underpayment of ESA from DWP I was on incapacity benefit from 2006 and transfered to ESA in 2011 I wasn't told about the extra money I could claim SDP does anyone know more about it I have read a lot on other sites about income based and Contrabution based that you can claim both help please 

steve51

Hi @Bingo90

Good Afternoon & Welcome.

I have found you some info below which will help you hopefully ???

https://search.scope.org.uk/s/redirect?collection=scope-meta&url=https%3A%2F%2Fwww.scope.org.uk%2Fsupport%2Fdisabled-people%2Fbenefits%2Fesa&index_url=https%3A%2F%2Fwww.scope.org.uk%2Fsupport%2Fdisabled-people%2Fbenefits%2Fesa&auth=v06jdjhJPug%2BjwqXi7IYeg&profile=_default&rank=1&query=Esa

Please please let me know if I can help you further ???

CockneyRebel

Hi Bingo and welcome

The DWP are currently looking at all claims that may have been wrongly assessed in the change over. Currenty they hope to complete the process by april 2019.
Unfortunately they are only reimbursing back to 2014

CR

mikehughescq

There’s a decent argument that their guidance on the date they’ll pay from is nonsense. It’s based on a thing called the anti-test case rule abd it’s so badly written it’s riddled with loopholes.

whistles

Did you keep your letters, it will be on those if is it an underpayment.
I only thought contributory based was for a year and I don't believe it's just IB people it's ESA in general because they didn't pay me fully either.

Bingo90

Thanks for the reply actually what I'm trying to find out is about the income based and Contrabution based ESA i read that you can claim both or you can get the SDP payment I was retired from my work through my illness in 2006 I was on IB then  got changed to ESA about 2010 but I was never told about the two different types of ESA I was put into the work related group appealed this and won then I was put into the support group in 2013 I've read quite a lot about this but still can't find an answer to it help please 

sandyp196

I don't understand any of this. I first got awarded esa IB in 2006 and was in the contributory group. Then had assessment, got chucked off and appealed (usual routine),  so then I got re awarded esa. but I think I was in the work grouP as had to attend interview which I couldn't.  Got sanctioned. Appealed. Put back on esa back in work group. Had another assessment and go chucked off again (usual routine). Appealed.  Refused, went to tribunal. Won tribunal and put in care group. 3 months later another assesment. Awarded esa but put in work group.  GP and OT Appealed it and was moved to care group. They have left me alone for 4 years but I'm expecting another assesment soon especially if I am refused the pip. 

CockneyRebel

Hi bingo

If you have paid NI contribution in the two years prior to your claim you will receive CB contribution based ESA. You can also receive an IR top up subject to income and savings. You would needto fill in an ESA3 financial check form to se if you are elegable.

https://www.gov.uk/employment-support-allowance

If you then receive an IR element  you may be able to claim SDP as well subject to certain criteria

https://www.gov.uk/disability-premiums-income-support

CR

poppy123456

Bingo90 said:

Thanks for the reply actually what I'm trying to find out is about the income based and Contrabution based ESA i read that you can claim both or you can get the SDP payment I was retired from my work through my illness in 2006 I was on IB then  got changed to ESA about 2010 but I was never told about the two different types of ESA I was put into the work related group appealed this and won then I was put into the support group in 2013 I've read quite a lot about this but still can't find an answer to it help please 

To claim SDP you must first have an award of either PIP daily living, DLA mid/high rate care or AA. No one must claim Carers Allowance for looking after you and you must live alone or be classed as living alone. It's also only paid with Income Related benefits. If you have partner then to qualify they must also claim one of the qualifying disability benefits.