Employment and Support Allowance (ESA)
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Underpaid ESA enhanced disability premium

Luv44Luv44 Member Posts: 17 Connected
I’m also one of the people that has been underpaid ESA enhanced disability premium since 2013.. I’ve always been in the support group of esa..
my story so far.. 
I received a letter from DWP and thought here we go again.. it asked if my circumstances had changed since 2013 and they haven’t so I didn’t need to do anything with this letter.. it said I could contact them if needed.. so I did..
basically the man I spoke to said they would send an Esa3 form for me to fill in or I could do it on the phone with him which would take approx 20 mins.. so I did..
( saves registering it and posting it back)
A lot of questions ... do I have stocks and shares, property abroad, and pensions... as if ....
a lot of the questions didn’t apply to me..
He said that the information I’d given him would be passed on to the processing dept and I should hear within 12 wks by letter if I 
have any underpayments due..
Which I most definitely will after their **** up which has denied people of their entitled benefit.. I will keep you all updated 

Replies

  • snowdropsnowdrop Member Posts: 8 Listener
    edited June 2018
    I have been helping someone get arrears due from 2013. They didn't receive anything from the DWP though, I phoned and asked for an ESA3 after finding out about being able to claim back the arrears. 

    Long story short, after the ESA3 was sorted they received a letter saying they are going to look into any arrears due from 2013 - 2018 and then a few weeks later the DWP decided to say because of some law they could only pay back arrears from October 2014 when there was no mention of this in any of their letters/phone calls about the arrears. Because of this "law" the person I am helping has lost out on about £5000 of arrears that they were entitled to all along because of an error the DWP made when they were transferred to ESA in 2013. 

    Good luck and I hope you are one of the people who will receive the full arrears and not just from Oct 2014. It seems even though this is a "law" they are still picking and choosing who they apply it to, which doesnt make sense and in my opinion proves to me that they are just being unfair and underhanded.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Luv44 snowdrop

    There's an ongoing battle to get the DWP to accept it has to go back further. Not successful so far. The latest advice from CPAG (Child Poverty Action Group) is to wait & see what happens. That's because there is a legal challenge which might end up with the DWP having to give in on the date they are willing to go back to. We'll have to see. 

    I really hope that the DWP will end up having to pay up. As you both say, it was their error. 

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Luv44Luv44 Member Posts: 17 Connected
    Dwp paid esa underpayment into my bank account on 22/6/18 
    so I actually waited 3 wks from having filled in esa3 form by telephone conversation with Dwp on 1/6/18.. they did say it could take 12wks.. very surprised..
    A brown envelope arrived the next day telling me that my esa underpayment was backdated to 21/10/14.. 
    i actually transferred from incapacity benefit to esa support group in July 2013.. 
    but because of that court ruling 21/10/14 they still owe me 15months enhanced disability premium which they say they can’t pay me because of that court ruling 😡. . If the shoe was on the other foot and I owed them money they would expect it all back!!!! 

  • snowdropsnowdrop Member Posts: 8 Listener
    Thank you for that information Will. I had planned to go ahead with a Mandatory Reconsideration and then appeal, but I now wonder if I should just leave it and wait for the result of the CPAG case  :/
  • Luv44Luv44 Member Posts: 17 Connected
    I was also thinking on the lines of going through the farce of Mandatory Reconsideration regarding the underpayment prior to 21/10/14.. might be worth hanging on to see the result of the CPAG case.. if that goes well then i will definitely be asking for the 13 months enhanced disability premium they still owe me .. 
    The DWP knew the error existed yet chose to sit on their grubby little hands.. Now it’s drafting in extra staff at a cost of millions to put this right 😡
  • snowdropsnowdrop Member Posts: 8 Listener
    Did you go ahead with a mandatory reconsideration?

    We decided not to bother and then a few days after the 1 month deadline for an MR I see the news about the CPAG case and that the DWP will now pay arrears from prior to October 2014. Great news! 

    I wonder if we need to just wait to hear from the DWP about them now paying up the arrears from date of transfer to October 2014? Or should we contact them? (I understand it's only very early days since the DWP's decision to pay full arrears so need to be patient).
    The person I am helping, had the arrears from October 2014 - 2018 paid into their bank in June 2018 so that's all been sorted about a month ago. The DWP didn't make contact with them initially about the ESA IR arrears, I read about it online and phoned on behalf of them and asked to be sent an ESA3 form, so I wonder if I'll have to do the same (contact them first) for them to sort out the arrears from before October 2014.

    I won't go into detail about it, but after the ESA3 was completed and the case (backdating arrears) forwarded to the correct department let's just say the way it was handled was a complete joke. I was glad for it to be over with, even though it meant they missed out on thousands of pounds in arrears due to the October 2014 law. So unfortunately the thought of having to deal with them again re the new DWP decision doesn't fill me with confidence that they won't mess up again.
  • snowdropsnowdrop Member Posts: 8 Listener
    edited August 2018
    Did you go ahead with a mandatory reconsideration?

    We decided not to bother and then a few days after the 1 month deadline for an MR I see the news about the CPAG case and that the DWP will now pay arrears from prior to October 2014. Great news! 

    I wonder if we need to just wait to hear from the DWP about them now paying up the arrears from date of transfer to October 2014? Or should we contact them? I understand it's only very early days since the DWP's decision to pay full arrears so need to be patient.
    The person I am helping had the arrears from October 2014 - 2018 paid into their bank in June so that part of the arrears has all been sorted. The DWP didn't make contact with them initially about the ESA IR arrears, I read about it online and phoned on behalf of them and asked to be sent an ESA3 form, so I wonder if I'll have to do the same (contact them first) for them to sort out the arrears from before October 2014.
  • Luv44Luv44 Member Posts: 17 Connected
    Hi Snowdrop, I didn’t go ahead with the Mandatory Reconsideration.. last wk the DWP announced that they will now be paying underpayments prior to the 21/10/14..Esther McVey’s words..So that’s good news.
    I was underpaid the Enhanced Disabilty Premium on conversion from Incapacity Benefit to ESA support group July 2013.I never knew this premium existed !!
    i received backdated EDP from 21/10/14 to now.. 
    Since the DWP have decided they will now backdate to 2011 I am due payments from July 2013.
    I havent made contact with the DWP about it yet.. I’ve read somewhere that anyone who has received payment so far ( which is me) will automatically get their full entitlement in due course.. I will give them 4 wks then il be chasing them up on this matter.. 
    look up DWP u turn on the internet and it explains things a bit better than my rambling on lol

  • snowdropsnowdrop Member Posts: 8 Listener
    edited August 2018
    Luv44 said:
    Hi Snowdrop, I didn’t go ahead with the Mandatory Reconsideration.. last wk the DWP announced that they will now be paying underpayments prior to the 21/10/14..Esther McVey’s words..So that’s good news.
    I was underpaid the Enhanced Disabilty Premium on conversion from Incapacity Benefit to ESA support group July 2013.I never knew this premium existed !!
    i received backdated EDP from 21/10/14 to now.. 
    Since the DWP have decided they will now backdate to 2011 I am due payments from July 2013.
    I havent made contact with the DWP about it yet.. I’ve read somewhere that anyone who has received payment so far ( which is me) will automatically get their full entitlement in due course.. I will give them 4 wks then il be chasing them up on this matter.. 
    look up DWP u turn on the internet and it explains things a bit better than my rambling on lol

    Hi Luv44,

    It all happened a lot quicker than I expected, I thought it wasn't going to be heard until October but just glad it's all sorted now and they will backdate arrears from date of transfer.

    Yes I think I will do the same as you, give them 4 weeks and if they haven't made contact I will contact them about the arrears from date of transfer to October 2014. 
  • TopkittenTopkitten Member Posts: 1,263 Pioneering
    When I was first granted DLA it was back-dated 18 months due to having to go through 2 appeals. I tried for 6 months to get back-dated payments from ESA for the same period and the responses were unhelpful, at times untrue and always I was berated for bothering them with such a situation, trying to make it go away by being basically rude every time I rang, After 6 months without making any progress at all I finally gave up which was exactly what they wanted but I simply couldn't deal with the lies and stupidity any longer. They, as a group, treat as worse than animals and have no interest at all in being fair or doing the "right thing".

    TK
    "I'm on the wrong side of heaven and the righteous side of hell" - from Wrong side of heaven by Five Finger Death Punch.
  • DuketrinityDuketrinity Member Posts: 5 Listener
    If you get the backpayment won’t it affect the benefits you are on and housing benefit, so stressful?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    If you get the backpayment won’t it affect the benefits you are on and housing benefit, so stressful?
    No, it's disregarded for 52 weeks. 
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • HockersHockers Member Posts: 1 Listener
    Including Housing benefit ?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    yes, it's disregarded for all means tested benefits for 52 weeks. Backdated payments means you should have had the money anyway, so that's why it's disregarded.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • [Deleted User][Deleted User] Posts: 0 Pioneering
    And in fact for this exercise,  Esther McVey has said that arrears will be fully disregarded - because this was a DWP error in law. If benefit  arrears are over £5000 and the backdated payment has to be made to put right an official error, the arrears are usually disregarded indefinitely, and new legislation has extended this to errors in law -  so these particular arrears are covered too. 

    (I am not completely clear about the difference between an official error and an error in law, but there is a difference apparently, or there would have been no need to amend the legislation).

    http://www.legislation.gov.uk/uksi/2018/932/made


    Gill_Scope
  • deanjroach84deanjroach84 Member Posts: 14 Listener
    Luv44 said:
    Dwp paid esa underpayment into my bank account on 22/6/18 
    so I actually waited 3 wks from having filled in esa3 form by telephone conversation with Dwp on 1/6/18.. they did say it could take 12wks.. very surprised..
    A brown envelope arrived the next day telling me that my esa underpayment was backdated to 21/10/14.. 
    i actually transferred from incapacity benefit to esa support group in July 2013.. 
    but because of that court ruling 21/10/14 they still owe me 15months enhanced disability premium which they say they can’t pay me because of that court ruling 😡. . If the shoe was on the other foot and I owed them money they would expect it all back!!!! 

    how long after your telling phone interview was you contacted by post/telephone (if applicable)
  • snowdropsnowdrop Member Posts: 8 Listener
    edited December 2018
    Luv44 said:
    I was underpaid the Enhanced Disabilty Premium on conversion from Incapacity Benefit to ESA support group July 2013.I never knew this premium existed !!
    i received backdated EDP from 21/10/14 to now.. 
    Since the DWP have decided they will now backdate to 2011 I am due payments from July 2013.

    I havent made contact with the DWP about it yet.. I’ve read somewhere that anyone who has received payment so far ( which is me) will automatically get their full entitlement in due course.. I will give them 4 wks then il be chasing them up on this matter.. 

     Hi Luv44, me again...

    It's been 4 months since our previous posts and I'm just wondering if you have heard anything from the DWP yet regarding the arrears that are now owed prior to 2014?

    I understand the DWP have a lot of people to go through but the claimant I help hasn't heard anything yet.
  • Luv44Luv44 Member Posts: 17 Connected
    Hi Snowdrop, I haven’t received any backdated payments prior to Oct 2014..
    I should really chase it up as they owe me money from July 2013 to Oct 2014.. I have received backdated payments from Oct 2014 to the present..which didn’t take too long.. think I read somewhere that they are busy having to trawl through everybody’s claims yet again prior to Oct 2014 🙄🙄🙄🙄🙄🙄🙄
  • deanjroach84deanjroach84 Member Posts: 14 Listener
    Luv44 said:
    Hi Snowdrop, I haven’t received any backdated payments prior to Oct 2014..
    I should really chase it up as they owe me money from July 2013 to Oct 2014.. I have received backdated payments from Oct 2014 to the present..which didn’t take too long.. think I read somewhere that they are busy having to trawl through everybody’s claims yet again prior to Oct 2014 🙄🙄🙄🙄🙄🙄🙄
     how long did you have to wait for your 4 year backdated payment (roughly)
  • Luv44Luv44 Member Posts: 17 Connected
    After my telephone interview regards to answering questions for esa3 form I was told I would get my backdated underpayments in 12 wks. I got mine after 3 wks so I was lucky I guess.. just waiting for the rest as stated above... good luck everyone 
  • deanjroach84deanjroach84 Member Posts: 14 Listener
    ok thank you for your help i rang the DWP during the week and was told they had recieved my forms on the 17th Novmeber and had to wait 12 wks like every one else ..... its just a waiting game now
  • wild_onewild_one Member Posts: 91 Connected
    ok thank you for your help i rang the DWP during the week and was told they had recieved my forms on the 17th Novmeber and had to wait 12 wks like every one else ..... its just a waiting game now
    They received my form almost the same time as yours, have you heard anything? I called them a few days ago and they said its still being processed?
  • bevjane118bevjane118 Member Posts: 1 Listener
    Hi,
    Seen this post and created an account to be able to let you know - I recieved a letter and esa3 form on the weekend for an underpayment for 2012 -2013 so they are looking at earlier dates now - hopefully you all hear about any underpayment you are all due soon x 
  • Adrian_ScopeAdrian_Scope Testing Team, Community Team Posts: 7,944 Scope community team
    Hi @bevjane118, welcome to the community and thank you for joining to let us know!
    Senior Community Partner
    Scope

    If you have a few minutes to spare, we'd appreciate your feedback on our online community.
  • popples2popples2 Member Posts: 6 Listener
    Hi everyone 

    i received this this form today, anything from DWP makes me uneasy. Is it worth filling in? My dates were August 2012 up to the date of the form 16/04/2019. I get enhanced rate mobility And daily living on pip.  My husband and I receive income support. I was not allowed into the support group after the migration and had a year on contributions ESA, which the visiting doc thought was crazy.   Unsure why it’s going to present day. Anyone have a clue what I’d be entitled to? My stress levels are high, my conditions progressive and if not worth anything not worth the stress to get help with the forms. 
  • popples2popples2 Member Posts: 6 Listener
    thanks in  advance for any insight. Has anyone received the forms, applied and not entitled? 
    Thank all
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    popples2 said:
    Hi everyone 

    i received this this form today, anything from DWP makes me uneasy. Is it worth filling in? My dates were August 2012 up to the date of the form 16/04/2019. I get enhanced rate mobility And daily living on pip.  My husband and I receive income support. I was not allowed into the support group after the migration and had a year on contributions ESA, which the visiting doc thought was crazy.   Unsure why it’s going to present day. Anyone have a clue what I’d be entitled to? My stress levels are high, my conditions progressive and if not worth anything not worth the stress to get help with the forms. 
    Hi,

    The forms are sent to everyone that transferred from IB to ESA regardless of whether they qualify or not. Some people have returned the form to find out they weren't entitled to any backdated money.

    I'm not sure why it's up until now either because Income Support is a means tested benefit. I would have understood if it was up until you claimed Income Support.

    Unfortunately, it's impossible to answer your question as to whether you will be owed any money from when you were claiming the ESA (WRAG). To know for sure then you'll need to fill out the form and return it. Decisions are taking longer than 12 weeks because there's huge backlogs.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • DuketrinityDuketrinity Member Posts: 5 Listener
    My partner hasn’t just received a 2nd lump sum, all this happened it wasn’t claimed, no forms nothing,but this whole thing is stressing him out because it says payments are disregarded for 1 year, then what happens, how does it affect further benefits, you would think with it being their mistake it’s would be disregarded totally! 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    My partner hasn’t just received a 2nd lump sum, all this happened it wasn’t claimed, no forms nothing,but this whole thing is stressing him out because it says payments are disregarded for 1 year, then what happens, how does it affect further benefits, you would think with it being their mistake it’s would be disregarded totally! 
    If backdated money is more than £5,000 then it's disregarded for the life of the ESA claim. If it's less then it's disregarded for 12 months and then it's classed as savings £6,000 and your benefits are affected £1 for every £250 over that amount. £16,000 and more then you won't be entitled to any means tested benefits.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • DuketrinityDuketrinity Member Posts: 5 Listener
    Thank you that’s helpful, I know it sounds odd, he hasn’t had to claim or anything, but after he got the initial lump sum it worried him so much he ended up in hospital all over Christmas and into the new year, this other letter came through the door this morning and POW he is anxious again. So from what you have said it should be ok for admin long as he stays on esa? 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You need to check the letter he's received because if it's disregarded for the length of the ESA claim then it will tell him on the letter.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • DuketrinityDuketrinity Member Posts: 5 Listener
    thank you again, it’s a mindfield!
  • popples2popples2 Member Posts: 6 Listener
    popples2 said:
    Hi everyone 

    i received this this form today, anything from DWP makes me uneasy. Is it worth filling in? My dates were August 2012 up to the date of the form 16/04/2019. I get enhanced rate mobility And daily living on pip.  My husband and I receive income support. I was not allowed into the support group after the migration and had a year on contributions ESA, which the visiting doc thought was crazy.   Unsure why it’s going to present day. Anyone have a clue what I’d be entitled to? My stress levels are high, my conditions progressive and if not worth anything not worth the stress to get help with the forms. 
    Hi,

    The forms are sent to everyone that transferred from IB to ESA regardless of whether they qualify or not. Some people have returned the form to find out they weren't entitled to any backdated money.

    I'm not sure why it's up until now either because Income Support is a means tested benefit. I would have understood if it was up until you claimed Income Support.

    Unfortunately, it's impossible to answer your question as to whether you will be owed any money from when you were claiming the ESA (WRAG). To know for sure then you'll need to fill out the form and return it. Decisions are taking longer than 12 weeks because there's huge backlogs.

    Thank you , what sort of payouts are people getting if eligible? If I do get a back dated premium would it be the single person or couple? The claim was  in just my name as it was migrating although they were perfectly aware I was married. 

    Thank you you once again 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited April 2019
    popples2 said:


    Thank you , what sort of payouts are people getting if eligible? If I do get a back dated premium would it be the single person or couple? The claim was  in just my name as it was migrating although they were perfectly aware I was married. 

    Thank you you once again 
    Payments vary for everyone. You say you were married, did your partner work at all? or did they claim any other benefits?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • popples2popples2 Member Posts: 6 Listener
    He was migrating himself from incapacity but went to contribution then to income support... he has mobility issues but is my carer.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    popples2 said:
    He was migrating himself from incapacity but went to contribution then to income support... he has mobility issues but is my carer.
    That tells me that it's possible you won't be entitled to any income related top up on your Contributions based ESA.

    As he was claiming Contributions based ESA himself and then Income Support both of these are classed as Income £1 for £1 when calculating any income related top up. As the Enhanced disability premium is approx £16 per week (less in previous years) the benefits he's claimed will be more than this. You will of course need to wait for the decision to know for sure.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • popples2popples2 Member Posts: 6 Listener
    popples2 said:
    Hi everyone 

    i received this this form today, anything from DWP makes me uneasy. Is it worth filling in? My dates were August 2012 up to the date of the form 16/04/2019. I get enhanced rate mobility And daily living on pip.  My husband and I receive income support. I was not allowed into the support group after the migration and had a year on contributions ESA, which the visiting doc thought was crazy.   Unsure why it’s going to present day. Anyone have a clue what I’d be entitled to? My stress levels are high, my conditions progressive and if not worth anything not worth the stress to get help with the forms. 
    Hi,

    The forms are sent to everyone that transferred from IB to ESA regardless of whether they qualify or not. Some people have returned the form to find out they weren't entitled to any backdated money.

    I'm not sure why it's up until now either because Income Support is a means tested benefit. I would have understood if it was up until you claimed Income Support.

    Unfortunately, it's impossible to answer your question as to whether you will be owed any money from when you were claiming the ESA (WRAG). To know for sure then you'll need to fill out the form and return it. Decisions are taking longer than 12 weeks because there's huge backlogs.

  • popples2popples2 Member Posts: 6 Listener
    my  husband didn’t receive the form only myself, he phoned them and was told he was not entitled so it’s odd I  got it instead, I phoned them and asked if it was worth me applying and I was told yes could be worth thousands..I’m now wondering whether to bother. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    They are sending the forms to everyone that transferred from IB to ESA, whether they're owed money or not.

    I'm no expert and i don't know all of your circumstances but based on what you said, with the benefits he claimed/is claiming then it's most likely you won't be entitled. However, unless you're 100% certain that they don't owe you any money then it's always worth filling the form in.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • [Deleted User][Deleted User] Posts: 0 Listener
    Hi sorry to jump on this post wondering if anyone can help in regards to whether I might be eligible phoned the dwp and they sent this letter since these dates I still live alone and have no savings or partner thanks any info much appreciated from 12/4/12 CB ESA 118 per week,11/4/14 CB ESA 120 a week, 10/4/14 123.15 per week does anyone know if this amount includes premium please
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