Employment and Support Allowance (ESA)
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Transferred from IB to ESA contribution and left there, But I should be in the income related group

Ever since I was medically signed offf work following an industrial accident, I have had to battle with DWP about what monies I should receive and the latest one is the fact I have never been paid the severe disablement premium and the enhanced disability premium despit being in the support group. Nor did I receive them when I was put on IB(incapacity benefit) after near eviction because I was paid SSP and no housing benefit with 2 teenage sons at school.  That was 10 years ago.  
I happened to fone them a couple of weeks ago and after nearly an hour on the fone the advisor sent me out an ESA income related form to fill in.  That has now gone back.  (She said I should be in the income related group) i told her my little story.
There was an article in the national news papers the told of people not getting these premiums and some receiving up to £10,000 back payments which had gone through the Hich Courts to get these people what they should have had.  How can I sue DWP for 10 year as underpayment of benefit because I am sure they would throw me in jail and throw away the key if they overpaid me £30,000 (approximate). 
Anyone know what I should do or how to go about sorting this.  There’s a hitch, my son is mt appointee so he has to do it because I get distressed because they gabble at me and dont talk sense (no offence meant, i am absolutely terrified of DWP, scared silly)

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    DWP have announced some weeks ago that those that were affected by this error will be backdated to 2011, if they were eligible at that time.

    Not everyone qualifies for the SDP because it has criteria. To qualify for this premium you must either claim mid/high rate care DLA or PIP daily, no one must be claiming carers allowance for looking after you and you must live alone or be classed as living alone. Living with dependent children doesn't count and this will still class you as living alone providing they are in full time no advanced eduction and you receive child benefit for them. Does this apply to you? If not then you won't be eligible for the SDP.

    Of course the enhanced disability premium is automatically paid when in the Support Group on Income Related.

    I have no idea about suing the DWP, i'm afraid. Maybe other members will give their advice on this one.
    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.
  • WallaceWallace Member Posts: 6 Listener
    Was and still on high rate DLA mobility and mid care rate.  I am on the PIP list but my son as appointee and the fact I have help with personal care from an agency as well as have my meals prepared for me.  As well as my son dealing with all my benefits, bills and DD’s I am in the support group and always have been too and am recognised as being registered as severely disabled.  I live alone too. It is very hard going with CFS, chronic pain and the damage caused in a industrial accident.  I just take so long to respond, but I am cheerful and loving life.  
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