ESA Underpayment.

Blueyez

Hello there. I am a little confused by who is and isn't going to be entitled to back payment of underpaid ESA. I understand it is mainly those migrated from IB to ESA, but I was put onto ESA from Income Support back in 2009. I was given contribution based ESA for the first year. Am I correct in thinking that because I was moved from Income Support and my/our only income was from that, then I should have instead received Income Based ESA and may therefore be entitled to some back payment?

poppy123456

Hi,

You say "our" do you live with a partner that works? or are you claiming ESA as a couple?

Blueyez

Hi, I have a partner who does not work and we were claiming as a couple.

poppy123456

As you're claiming as a couple, if you've always claimed as a couple then it will have always been Income Related that you've claimed. You can't claimed Contributions based as a couple, it's always Income Related, therefore there's no backdated money owed to you. Income Support isn't income, it's a means tested benefit.

Blueyez

That's really odd. I know I was on contribution based for the first year as I distinctly remember getting the letter telling me I was to be moved to Income based because I could only get CB for 365 days. I remember it well as I had to find money for prescriptions etc as they weren't free with CB. It was only in my name, so could it be that it was a claim for me with an allowance for a dependent. I wonder?

poppy123456

An allowance for a dependent? Your partner isn't your dependent they are your partner.

poppy123456

If you've always been in the Support Group, those that do claim ESA contributions based in the Support Group then its paid for as long as you remain in the group. It's not time limited to 365 days, like it is if you're in the WRAG.

Blueyez

I take it that if you claim as a couple then it is only in one person's name? I claim ESA in my name only currently and my Wife isn't named on the award. I've always been in the WRAG.

poppy123456

Yes because you're the claimant and not your partner. If you don't mind me asking how much per week do you receive for ESA?

Blueyez

Approximately £143.

poppy123456

That's ESA WRAG couple rate. £114.85 ESA couples rate and £29.05 for being in the WRAG.

Do you claim PIP or DLA? If so what award do you have?

Blueyez

No. My Wife was on PIP, but is currently appealing a zero point decision. At the time In question when I was moved from IS to ESA, neither of us claimed DLA.

poppy123456

You would have only been entitled to the Enhanced disability premium couples rate on your ESA if she was claiming the Enhanced daily living PIP. This premium isn't automatically paid to those in the WRAG.

Seems to me like you've been claiming the correct money since you moved to ESA. If there's any doubt then DWP will contact you but mostly it's aimed at the who transferred from IB.

Blueyez

Thanks for that, I was unsure exactly what this covered and the confusion came from being on the contribution based one for a time. Happy it's clarified.