Esa backdated income related and premiums — Scope | Disability forum
Find out how to let us know if you're concerned about another member's safety.

Esa backdated income related and premiums

Johnny303
Johnny303 Member Posts: 5 Listener
Hi Ive just joined today  so thanks for having me in the site. I recieved a letter three weeks ago saying I could be entitled to backdated income related esa and premiums due to dwp's error in migrating people over from incapacity benefit to income based. I was migrated to contribution based which is inevitable that it was a mistake. I'm sure many people on here know Already and I'm sorry if it's a repeat of a similar thread as I couldn't find anything similar. To cut a long story short I filled in a form over the phone 2 weeks ago and I was told it had been passed on to the processing team. Has anyone had experiences of actually receiving any backdated money owed yet? And how long do it roughly take? I'm still waiting on my pip care component being reinstated which means I can't get my sda premiums at the moment either until that's done, as I was in respite for a while following time in Icu. They don't seem to hurry with these things but are quick enough to take any overpayment quickly. It's a disgrace they knew about this since 2013 but denied it until 2016 and only just started doing something about it. I knew I wasn't receiving the right amount and have questioned it alot in the past  especially why I was on contribution based when I hadn't worked for quite a while. I've moved back to my own flat now and am struggling to make ends meet until I have my other benefits reinstated. I'd be grateful if anyone who has had success getting any backdated income based and premiums could give me and idea how long it took. Thanks for listening  
«134567

Comments

  • poppy123456
    poppy123456 Member Posts: 28,508 Disability Gamechanger
    Hi,

    Yes, i've heard of people being awarded the premiums because of this very reason. However i do believe that they're only backdating them to October 2014. I have no idea how long it takes but it shouldn't be too long. Give them a ring when they open tomorrow and ask them how long, as they are the only ones that can tell you the answer to this. Hopefully not too long.
  • shirleyann
    shirleyann Member Posts: 1 Listener
    hi im disabled but my doctors r so cruel i want an app. my axiety 
    nerves play me up im grieving also of the death of my 19yr.old grandaughter dying. i feel im cracking up i shake shout i feel so poorly mentally  any one have any ideas how to get help please  xxx
  • whistles
    whistles Member Posts: 1,583 Disability Gamechanger
    Yes they backdated mine. Sorry I can't actually recall how long it took though. 
    It was because they had failed to include the sdp. 
    Do not follow me, I don't know where I am going.
  • Ripples
    Ripples Member Posts: 189 Pioneering
    @shirleyann Welcome to the forum, you might want to start your own stream so that your problem doesn't get lost in the other replies.  If you need help with bereavement Cruse runs a free helpline 0808 808 1677.  I assume you are trying  to phone through to get an appointment for your doctor? I know it can be difficult to get a GP appointment .  Do you have any other health care professionals who work with you such as  social workers ?  If you ever  need someone to chat to the Samaritans are there any time night or day phone  116 123
  • notlarc
    notlarc Member Posts: 2 Listener
    Hi everyone I have just joined. I am in receipt of employment support allowance work related. At my last interview in January they said that they would be in touch in February we are now in May and I havn't heared from them. I feel like a weight has been lifted as I found the pressure of it all overwhelming as I am not well.
    Does anyone know why they havnt contacted me?
  • Ripples
    Ripples Member Posts: 189 Pioneering
    @notlarc Welcome to the forum it is better if you start your own thread so you don't get confused by answers directed to the original poster.  By interview I assume you mean a jobcentre  interview? The only way you will find out why they haven't contacted you is by calling them. Being in the WRA group just means that they can call you in for an interview to discuss ways of moving forward or helping you. There may not be any pattern to these interviews, you might get called up monthly or not hear from them for months . The only thing you have to worry about is making sure you attend any interview they ask you to attend not the frequency.
  • notlarc
    notlarc Member Posts: 2 Listener
    Thankyou for your quick reply
  • Ripples
    Ripples Member Posts: 189 Pioneering
  • Johnny303
    Johnny303 Member Posts: 5 Listener
    I'll give them another ring, I just get put off being on hold for 45 mins to an hour when my anxiety is through the roof at the moment as I'm in constant pain due to chronic pancreatitis and have an anxiety disorder anyway so I find it hard talking on the phone. Thanks for replying anyway. ? 
  • Bob677
    Bob677 Member Posts: 4 Listener
    Hi when the story broke back in nov 2017 called the dwp as i was on con based esa was sent out a esa 3 form and whithin 2 weeks was put onto income related esa and now get the correct amount of edp and sdp so after six months have now got backdated money of over £10.000 paid into my bank account today but its only been backdated from oct 2014  but this is being appealed which the dwp will lose if you go onto rights net there's a forum about the migration from incap to esa very interesting as the dwp have known about this mess since 2013 good luck to you all 
  • justg72
    justg72 Member Posts: 173 Pioneering
    hi im disabled but my doctors r so cruel i want an app. my axiety 
    nerves play me up im grieving also of the death of my 19yr.old grandaughter dying. i feel im cracking up i shake shout i feel so poorly mentally  any one have any ideas how to get help please  xxx
    Hi Shirleyanne
    So sorry to here of your loss, I really feel for you,sounds like you going through hell at the moment. I would tell the receptionist at the DRs surgery that you need an emergency appointment because your grieving your grandaughter they should understand. Can any of your family or friends support you through this its no wonder you feel like you do grieving your grandaughter. Do you think bereavement counselling will help you? You could try contacting:
     Coping with Grief Directory heres the link https://www.counselling-directory.org.uk. Take care hope you get the support you need at this difficult timexx 
     
  • Johnny303
    Johnny303 Member Posts: 5 Listener
    edited May 2018
    Bob677 said:
    Hi when the story broke back in nov 2017 called the dwp as i was on con based esa was sent out a esa 3 form and whithin 2 weeks was put onto income related esa and now get the correct amount of edp and sdp so after six months have now got backdated money of over £10.000 paid into my bank account today but its only been backdated from oct 2014  but this is being appealed which the dwp will lose if you go onto rights net there's a forum about the migration from incap to esa very interesting as the dwp have known about this mess since 2013 good luck to you all 
    Cheers for the info, yes I also found out that they weren't prepared to pay me back to then I was migrated to contribution based, which was July 2013. I questioned this with them yesterday and they also told me all payments were only eligible to be backdated from October 2014 and that the matter has been took to court. I got transferred to income based just after Christmas after years of telling them I was on the wrong benefit. It's a joke how they are using something called an "error in law" to try and get out of paying the whole amount. I hope they have to pay everyone effected the whole amount. I was also told I could be waiting up to 13 weeks for mine to be backdated as its still in processing, which is the' normal can't be bothered to really check' response. I'm still waiting on the care component of pip being reinstated after being in respite as it the advanced rate till 2020,i also can't reinstate sdp until that's done. I've just moved into a new flat and the stress of that is overwhelming plus I need to pay towards help a few hours a day but can't do that at the moment. I'm also wondering as I've payed for alot of prescriptions in the past due to contribution based, are they willing to reinburse me for them as I wasn't exempt until recently. They've made a huge **** up and they knew about it for a while. I really can't see them wrangling out of any more excuses. 
  • Weeme56
    Weeme56 Member Posts: 36 Courageous
    My neighbour came to me to get help putting in MR for PIP as was dowengraded. I noticed her ESA amounts had no premiums. Despite her previous DLA shoul;d have got her all the premiums. She split for her husband in 2012..he was her carer. She still had the letters of award from that time and she was getting premiums up until she clasimed as single Mum. she was getting SDP & Disability up till then. She phoned ESA & got told her money was right. Hhaha they don't nlnow who they are dealing with..I called and after 3 hours on hold got her claim looked at properly..hey presto I am right she should have been getting these premiums since 2012. This was not missed out because she went onto ESA..they dropped them off when she was on IS BEFORe she was moved onto ESA. now i wonder if she can get backdated right to 2012 as was NOT the ESA migration error? The DP alone is worth £1600 ay year alone now! Anyone heard of similar situation & how far it got backdated?
  • kath1234
    kath1234 Member Posts: 11 Listener
    My son was on incapacity benefit then went on the contribution support. I felt at the time this wasn't possible due to national insurance but stupidly trusted dwp new what they were doing. Since 2012 he's been struggling financially. To the point I've nearly had him back home to stop the misery. He knew nothing about sdp but has sent the form back a week ago. His anxiety again is through the roof again. He's still recovering after going through the pip assessment which he was awarded enhanced Dailey living. All this upheaval is so unnecessary. 
  • Weeme56
    Weeme56 Member Posts: 36 Courageous
    He has been put in wrong group just like the 2 men who's case opened this can of worms by sound of it. ESA is on 2 parts and those in WAG do not get the £30 premium. regardlessif  they had it before on IS & DLA. now saying will be march 2019 before they contact everuyone affected by this error but don't be put off demand a review. are you his appointee. if not become his then you can talk for him.   I got neighbour  backdated SDP of £3600 last week. Was for 2102- 2013 only for when he D was at college. Had a right ding dong with DWP service center yesterday over the other premiums missing. They know **** about the older benefits. Turned out she too had been put into wrong group & into work activity group but was never told or had a medical for it! They told me she had one last year  which she has not - so they are commiting fraud as far as I'm concerned. Now they are insisting her daughters still lives with her as is still on voters roll and will not pay her the premiums for someonewho lives alone. Even the housing accept her daughter is away but on voters roll..why not DWP? Ther is no way to prove it FGS We found old letters that showed what she was on & DWP refute her words so we need to send copies to them now! Oh...I am not called Tenacious V for nothing.. they will not get away from me easy! :D
  • Brokenman
    Brokenman Member Posts: 7 Listener
    Weemes post above just shows not only tenaciousness but also what a really good neighbour she/he is. There is far to little neighbourly love shown nowadays for the sick/infirm or disabled people and you are an exemplary example of how a neighbour should be. Well done,x
  • anth22
    anth22 Member Posts: 97 Courageous
    Its great to see some people have got their enhanced disability premium  arrears :) ive been waiting 18 weeks now and i rang DWP again today and they have told me to contact Downing Street which i have as its them who are holding up payments from 2011.
    But our PM is out the country worrying about other countries and not her own people so i will just have to wait and see what happens and what Downing Street have to say about all this delaying.
  • Weeme56
    Weeme56 Member Posts: 36 Courageous
    Found this Template letter you can send to DWP & find out if you were one of those pur in wrong group & lost the premiums as result. Worth firing it in..by recorded delivery I advise cos if they say they don't have it & you have a signature they can be brough to book for losing your info under ICO & Data Protection law!! Go for it folks. Even if you have to get someone else to print it off for you!    https://dwpexamination.org/forum/esa-how-to-guides-sample-letters/heres-how-you-can-find-out-if-the-government-owes-you-esa/
  • Macky47
    Macky47 Member Posts: 46 Connected
    I received letter from DWP last week stating I could be entitled to income related ESA, also backdated premiums. I am recieving con based ESA. I was migrated from incapacity benefit in 2013. They rang me 3 Sept & filled ESA 3 form in over the phone. They said this could take anywheee from 8-12 wks. But will they move me over to income based ESA, from con based ESA as quickly as possible. ???
  • butterflies
    butterflies Member Posts: 29 Courageous
    Update and outcome on IB to ESA migration.

    I was one of the people who was migrated from IB to CB ESA back in 2012.
    Fast forward to 2017 and I found that I had never been paid EDP even though I met all the criteria.
    I was told to ring the DWP and ask them one question....Please check your computer to see if I was ever sent an ESA3 form...their answer was NO.
    So they sent me the ESA3 and I put down the date of conversion(2012).

    I received a payment backdated to 21 October 2014 and was told by the DWP they could not pay any arrears before this date due to a tribunal case(LH v SSWP....which bore absolutely no resemblance to the migration cases at all).

    I asked for mandatory reconsideration which was denied citing (LH v SSWP).
    I used my Man Recon Letter as the Tribunal Appeal Letter.(April 2018) 
    DWP requested the Appeal be struck out as no chance of success,  the tribunal disagreed and Appeal was allowed.

    CPAG's Martin Williams requested a Judical Review regarding the ESA Migration cases in June 2018.
    In August 2018 SSWP have agreed that the IB to CB ESA migration cases were DWP official error(they had known about this since 2013 as they had been paying all arrears back to migration date until a special team was put together to stop the payments back to date of conversion in November 2018).

    I have just received a letter from the DWP this past week to let me know that the original decision not to pay backdated arrears before 21 October 2014 has now been revised in my favour.

    My file has been returned to the Benefits Centre dealing with the original case to be processed for the 2years  ED Premiums still owed from 2012.

    So any one who was migrated from IB to CB ESA and not awarded IR ESA and either/or EDP or SDP will be paid the arrears back to conversion but it's probably going to take quite some time to process all the claims.

     
    When Life Gives You Lemons Make Lemonade

Brightness

Complete our feedback form and tell us how we can make the community better.

Do you need advice on your energy costs?


Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.