Employment and Support Allowance (ESA)
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Have others been given same excuse about IR ESA Top up arrears?

anth22anth22 Member Posts: 50 Courageous
Hi, i know i have other posts on here about the arrears off Income Related  top up since 2011 but can i ask has anyone else been given the same reason by DWP  that they are waiting for the legal team to give them the letter to confirm paying the arrears to disabled people from 2011.
I was told it should only be 2 weeks at the most before they get this letter but its nearly 3 weeks and they are still using that excuse to not release my arrears into my account.
I would feel a lot better in myself if i can find out for sure DWP are being honest in what they are saying, so please if anyone else has heard this excuse i would really appreciate knowing im not the only one,
                    Thank you x

Replies

  • jaybjayb Member Posts: 3 Listener
    We havent been told that but everytime we ring up we are told it hasnt been looked at yet, had one guy tell us that it is usually 12 weeks but due to the numbers involved will take much longer and asked us to be patient with them! Im going to call again tommorow.
  • mikehughescqmikehughescq Member Posts: 5,421 Disability Gamechanger
    They only conceded that 2011 was the correct date 2 days ago - https://www.rightsnet.org.uk/welfare-rights/caselaw/item/secretary-of-state-concedes-that-failure-to-assess-for-income-related-esa-o - so there is no chance at all this will be sorted imminently. Around 400 staff were allocated to the work and there are literally tens of thousands of cases to get through. 
  • anth22anth22 Member Posts: 50 Courageous
    I think you will find thats incorrect mikehughescq as its been reported that they conceded to pay arrears from 2011 on the 18th July 2018.
    My MP is contacting DWP tomorrow as he also isnt happy at the way ive been treated because my arrears are all sorted and waiting to go into my bank but DWP keep saying they are waiting for this legal letter to put my arrears into my account.
    Keep ringing jayb because they asked me to wait 12 weeks which i did once that was up i rang them to be told my paperwork had been missed :( but they put me through as a priority because off that mistake :) hoping MP will get this sorted asap :).
  • mikehughescqmikehughescq Member Posts: 5,421 Disability Gamechanger
    I’m sorry but you may have misunderstood.

    CPAG effectively won their case on the 18th of July but the government position on that e.g. whether they would appeal etc. was only confirmed 2 days ago when Esther McVey made the statement as per the link in my previous post. It’s only now the position has been confirmed to Parliament that DWP will be instructed to act. You may be one of the early cases to be processed because of the letter you say you have but in most cases it’s a complex calculation going back 7 years and will take months rather than years. 
  • anth22anth22 Member Posts: 50 Courageous
    mikehughescq  sorry i misunderstood your post :) been waiting over 4 months just gets a little stressful.as DWP are saying they are just waiting to press the button lol
  • anth22anth22 Member Posts: 50 Courageous
    Still waiting for my arrears got my MP on DWPs case and ive sent an email to Esther McVey fedup with DWP holding my arrears back, still using the same excuse about the legal letter, it just drags on and on.
    Will let you know when i have any news just want this waiting to come to an end.
  • mikehughescqmikehughescq Member Posts: 5,421 Disability Gamechanger
    As per my post. It’s likely to be months.
  • anth22anth22 Member Posts: 50 Courageous
    DWP keep telling me the letter should have been through by now thats the excuse ive heard for the past 5 weeks, its not nice knowing its all sorted but that one letter is holding my arrears back from going into my account ;(.
  • anth22anth22 Member Posts: 50 Courageous
    Forgot to say DWP have told me the amount that is going into my account.

  • anth22anth22 Member Posts: 50 Courageous
    Another phone call to DWP this morning to be told the same excuse again week after week this goes on the weeks are turning into months im really fedup with it all.
    DWP have said they have been told the letter will be with them nextweek but thats all ive ever heard from day one, these people at DWP really want disabled people to suffer as much as possible over their own mistake.
    I wonder if the people who work for DWP would allow their wages to take over 5 months to be paid.
    Sorry for moaning im just so fed up with it all :(.
  • mikehughescqmikehughescq Member Posts: 5,421 Disability Gamechanger
    Most DWP calls are outsourced so you’ve no idea whether your call is to DWP or not but how many weeks will it be before you’ll accept my post of August the 15th as fact? 
  • anth22anth22 Member Posts: 50 Courageous
    Hi mikehughscq thanks for your reply yes i have read your post but im hoping it wont be like that but i think you could well be right:(.
    I rang DWP again this morning the lady i spoke too seems pretty sure it will be any day now this week they will get the go ahead.
    I ask could i not have my arrears from Oct 2014 up till now but she said that can not be done as my arrears are sorted from 2011 and they want to pay it in one lump sum.
  • anth22anth22 Member Posts: 50 Courageous
  • anth22anth22 Member Posts: 50 Courageous
    Got the above letter this morning the nightmare is over lol :):) All the best everyone who are also waiting :)
  • al1b0y13al1b0y13 Member Posts: 13 Connected
    were you migrated from incapacity benefit to support group e.s.a?.and been in the support group all the time and never received anything other than contributory esa?.you never received the enhanced disability premium?giving this information will help others work out what they are entitled to,are you not wanting to disclose the amount?thanks.
  • al1b0y13al1b0y13 Member Posts: 13 Connected
    i forgot to add something the dwp have omitted to tell you.the arrears you received are exempt from being taken back of you as excess capital whilst your esa claim is live and remains so.
  • anth22anth22 Member Posts: 50 Courageous
    Yes and Yes to both your questions al1b0y13 and sorry i dont want to disclosed what ive got but its for ESA enhanced disability premium  that i missed out on since 2011 upto 2018 :)

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Great news. I'm not sure what difference it will make to anyone how much back dated money you got lol. That's your business and not anyone else's. Relax now and treat yourself to something wonderful, you deserve it! 
    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.
  • angel137angel137 Member Posts: 51 Courageous
    Congrats to you! 
    I would like to add that just because you technically qualify to receive EDP and/ or SDP premiums, it doesn't mean that you will actually get them.
    This year, after consulting with the DWP, I applied to get my SDP and also my EDP backdated, from 2012.
    I was told that I would start receiving my premiums from July. I had a phone conversation with a woman at DWP in July  and I was told that I qualify for EDP/SDP and I will receive them from that point onwards. A letter was sent out detailing this, which I have just received this week ( I don't collect my mail very often).
    I called the DWP the other day to clarify, as I noticed that a regular  ESA payment, without premiums, went into my account recently. Apparently, I don't qualify for these premiums due to other income that I receive. It cancels out any Premium monies that I would have been entitled to. They are income related, so most income, barring PIP, is taken into account. They were aware of this income all this time. A lot of errors seemed to have been made.
    Now,  I have to put, in writing, that I want my ESA to be reinstated as Contribution-based ESA, as I don't really gain anything much from being on IR ESA. 
    To say I could have done without all of this would be an understatement. It looks like I will have to get legal advice on this to be sure of my case.....  
  • anth22anth22 Member Posts: 50 Courageous
    Thank you so much poppy123456 it took awhile but got there in the end lol and thank you for your support and advise during that time :):) x
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited September 2018
    hi @angel137

    Any income you have will affect means tested benefits but not CB. Depending on how much income you have then yes it's possible that it will wipe out all of your Income related top up. PIP isn't means tested and won't be affected. 

    As you were claiming CB when you first claimed ESA then you'll always be on CB with an Income related top (if entitled) There shouldn't be any need to put it in writing that you want your ESA CB to be reinstated because it never stopped. 

    As you're not entitled to the Income Related top up because of the extra income you have, any over payment if any will need to be repaid. 

    May I ask what "other income" you receive? is it a pension or you live with a partner that works? 
    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.
  • angel137angel137 Member Posts: 51 Courageous
    Hi Polly. Thanks for the response. 
    My other income is part pension. It is IIB.
    You know, and I know, I'm still on Contribution based ESA. It never stopped. But the people at the DWP do not understand that. Many at the DWP do not understand their own rules. 
    When I get moved on to UC, which might not be for over a year or more, if I don't make it absolutely clear that I am on Contribution based ESA, my ESA will stop along with any other income related benefits, until my UC is worked out. (I receive some Housing Ben.)
    ESA CB is not part of UC. 
    I live on my own, but if circumstances did change in the future, I want it to be clear that I am on CB ESA. The fact that I was told that I need to make this clear,  in writing, is concerning. The person who suggested this to me was more on the ball than most! Too many people at the DWP really don't know how CB ESA works with regards to IR premiums.
    I will leave it for now but I think I will put it in writing so that I am covered in future if there is a problem. 
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