underpayment

millimmoomoo

Hello everyone,

I'm new to this forum and would like to say hello to one and all.

I moved from IB to ESA in 2011 or thereabouts. I was placed the support group. I was awarded Contribution based ESA from day one. 
I have received the ESA3 form and filled it in and sent it back.
At the time of being moved from IB to ESA .........my partner worked only 23 hrs/pw. I have not been able to work since 2003 or before.
The ESA3 form asked all about savings,shares,property..etc...We have none and have never had any.
I was never awarded income related ESA. Is it because my partner was/is working? 
On the first page of the form says if you or your partner was working 24 hours or more for the whole time on the dates on the front of this form you do not need to fill it in.
My partner was working 23 hours p/w.on and before the date on the form (25/01/2013). Could anyone tell me if we would apply for the underpayment.
As I said I've sent the form but I don't want to get my hopes up in case I'm turned down. I just wondered if someone had applied with similar circumstances.

Thank you.

poppy123456

Hi,

It will totally depend how long your partner was working for 23 hours for. Does she work now, if so how many hours. Like it states on the form if your partner is/was working more than 24 hours per week then you won't be entitled to any Income Related top up. The Income Related top up is the Enhanced disability premium and this year from April it's £16.40 per week, less in previous years. For you this means that anything more than £20 per week, that your partner earns is counted as income £1 for £1 when working on the Income related top up. Which means for you that if he is or anytime he worked in the past would mean that you wouldn't have been entitled to any Income related ESA. So, do he work now, if so how many hours per week.

millimmoomoo

Thanks for the reply,
My partner works 31 hrs/pw now.
She has worked 31 hrs since August 2015. But before that she worked 23 hrs p/w.
Do you think I'd be eligible for 2 years?
The form is dated from 25/01/2013.
You say the income related top up is £16.40 but what about  severe disability premium..I thought that was about £60.p/w?
I get DLA with both highest rates. I have never claimed cares or attendance allowance.
I've heard that there was another court case and they are backdating the payments from an earlier date...do you know if this is true?

Thank you.

poppy123456

You won't be eligible for any Income related top up at all since your partner has worked, whether it's 23 hours or 31 hours because the money your partner earns will wipe out the ESA income related. You don't state when your partner worked 23 hours but you say you transferred to ESA in 2011? If your partner was working when you transferred then you won't be entitled to any Income related and that includes any backdated money. They are backdating to November 2011.

millimmoomoo

She was working for 23 hrs p/w up to Aug 2015.
I wonder why they sent me a form if they knew her hours?

poppy123456

They are sending them to everyone that transferred from IB. They wouldn't know her hours because you're claiming Contributions based ESA and your partner working doesn't affect this.

millimmoomoo

Ok Poppy,
Thank you for your replies.
Moo

Georgina1994

I've been on disability benefits and ESA for 11years and I've been underpaid?

poppy123456

Georgina1994 said:

I've been on disability benefits and ESA for 11years and I've been underpaid?

It's impossible to advice something as complex as this on an internet forum, you'll have to wait to see if DWP contact you sometime in the future.

poppy123456

Georgina1994 said:

I've been on disability benefits and ESA for 11years and I've been underpaid?

It's impossible to advice something as complex as this on an internet forum, you'll have to wait to see if DWP contact you sometime in the future.