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Esa back dated payments

hi I’m on esa I have been on esa for four years I don’t no what it is called income based esa income related i don’t no I get £250 a fortnight plus dla monthly of £328 and that’s middle rate that’s all the money I get nothing else before I claimed on my own I was with my husband we are now divorced I never knew what income we were on so can anyone tell me if I’m eligible for a refund of esa and dwp for the mistake they made please thank you 
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Comments

  • poppy123456
    poppy123456 Member Posts: 29,463 Disability Gamechanger
    The amount of ESA you receive means you claim Income Related and not contributions based. The under payments are from those that transferred from Incapacity benefit and were placed on Contributions based ESA, not income related.

    £328 DLA every 4 weeks is more than middle rate care because mid rate care is only £57.30 per week. Please answer these other questions because without knowing all of your circumstances no one can help you.

    1/ Does anyone receive carers allowance for looking after you?

    2/ Do you live alone, or classed as living lone? This means does anyone over the age of 18 live with you?

    3/ Do you receive mid or high rate care DLA? Please check your DLA award to be absolutely sure.
  • Lisa1985
    Lisa1985 Member Posts: 55 Connected
    Yes about 10 months ago my brother came my career and I’m on middle rate dla I get £127.15 a week 
  • Lisa1985
    Lisa1985 Member Posts: 55 Connected
    So sorry just checking my letter and now no I get £57.60 a week 
  • poppy123456
    poppy123456 Member Posts: 29,463 Disability Gamechanger
    Middle rate care DLA is £57.60 per week. Your ESA is Support Group with Enhanced disability premium added on top, so it's income related and not Contributions based. As you're brother is your carer then you're claiming everything you're entitled to and DWP don't owe you any money.

    If your brother wasn't claiming carers allowance for looking after you and you live alone then you would be able to claim Severe disability premium on top of your ESA but because you have he's claiming carers allowance for you then you're not entitled to the extra money.
  • Lisa1985
    Lisa1985 Member Posts: 55 Connected
    Ive been claiming since 20014 on my own my brother only came my career 10 months ago so from 20014 up until 20018 I didn’t have a career so have i missed out on money from dwp esa 
     
  • poppy123456
    poppy123456 Member Posts: 29,463 Disability Gamechanger
    You stated you were claiming ESA with your partner before you divorced, you won't be entitled to the SDP if that's the case.
  • Lisa1985
    Lisa1985 Member Posts: 55 Connected
    I don’t really know what income we were on he never told me he was a bully glad to get rid of him anyway like i said I’ve been claiming on my own up until my brother came my career and thanks for your messages 
  • Lisa1985
    Lisa1985 Member Posts: 55 Connected
    Plus we were both claiming dla 
  • poppy123456
    poppy123456 Member Posts: 29,463 Disability Gamechanger
    I'm sorry but it's totally impossible to give you any advice unless you state all of your details of when you were with your partner. You keep adding different bits of information.

    The best thing you can do is contact your local CAB for a benefits check BUT if you do this then they will need to know absolutely everything about your claim for ESA from the day you started claiming it....

    This will mean were you claiming it by yourself as a single claim or a joint claim with your partner, if you were both claiming DLA at the time what awards exactly did you both have, the care part but which level?  were either of you claiming carers allowance for looking after each other? Were there any other adults living in the house with you and your partner at that time?

    Without any of this information then no answers or further help can be given.
  • Lisa1985
    Lisa1985 Member Posts: 55 Connected
    Okay thank you for your message 
  • Lisa1985
    Lisa1985 Member Posts: 55 Connected
    Hi I found out today that I should of been getting sdp I haven’t had that when I should of will it get back dated with the dwp esa have made this mistake 
  • poppy123456
    poppy123456 Member Posts: 29,463 Disability Gamechanger
    As this is completely different reason why the backdated payments being made to everyone, you'll need to contact DWP and make a backdated claim for SDP but you'll need to find out the exact dates that you think you were entitled to it. DWP could possibly ask for evidence to prove your entitlement.

    You won't be paid it from when your brother claimed Carers allowance and you won't be entitled to it now, if he continues to claim it for looking after you.

    Also if your partner was claiming carers allowance for looking after you when you were together, then you wouldn't have been entitled to it then.
  • Lisa1985
    Lisa1985 Member Posts: 55 Connected
    No my partner didn’t claim Carers for me and my brother has only been my career for about 10months I started claiming esa in 2014 it’s the time in between that I’m on about plus I’m going to contact dla because my circumstances have changed I’m on 400 mg of meds what’s injectided in me I have a nurse to I’ve been in the mental hospital twice this year been in hospital quite a few times you see my daughter was murdered by her partner he stabbed her 17 times in front of her twos boys it’s made me really ill I had the police looking for me one night I was in some dark lanes looking for my Lisa she was only 30 
  • Lisa1985
    Lisa1985 Member Posts: 55 Connected
    Lisa1985 said:
    No my partner didn’t claim Carers for me and my brother has only been my career for about 10months I started claiming esa in 2014 it’s the time in between that I’m on about plus I’m going to contact dla because my circumstances have changed I’m on 400 mg of meds what’s injectided in me I have a nurse to I’ve been in the mental hospital twice this year been in hospital quite a few times you see my daughter was murdered by her partner he stabbed her 17 times in front of her twos boys it’s made me really ill I had the police looking for me one night I was in some dark lanes looking for my Lisa she was only 30 

  • poppy123456
    poppy123456 Member Posts: 29,463 Disability Gamechanger
    I'm sorry to hear that!

    Reporting a change of circumstances will mean a transfer to PIP because DLA no longer exists. DWP will send forms out to you to apply for PIP, so please think very carefully before reporting changes. Lots of people have been refused PIP when transferring from DLA. PIP is totally different to what DLA was and having an award for DLA doesn't automatically qualify you  for PIP. You'll need evidence to support your claim and a face to face assessment is most  likely.

    In my opinion you're better off staying on DLA until you're contacted by DWP to apply for PIP, which will happen eventually.

    If you're going to apply for the backdated SDP then it's ESA you contact, not DLA.
  • Lisa1985
    Lisa1985 Member Posts: 55 Connected
    Ok I’ll get in touch with esa plus I will stay on dla for now thank you 
  • Lisa1985
    Lisa1985 Member Posts: 55 Connected
    I’ve foned esa  about claiming for sdp which I didn’t have from 20014 to 20016 and they said they don’t back date sdp is that right thanks
  • poppy123456
    poppy123456 Member Posts: 29,463 Disability Gamechanger
    It can be backdated in certain circumstances whether the advice you've been given is correct or not i really don't know. If it was me then i wouldn't listen to any advice i've been given from someone from a call centre for DWP. Very often they're completely wrong. Speak to your local CAB/ welfare rights or law centre for further advice.
  • Lisa1985
    Lisa1985 Member Posts: 55 Connected
    Thank you can I find cab on line please 
  • poppy123456
    poppy123456 Member Posts: 29,463 Disability Gamechanger
    There's websites yes but for advice like this then you'll need to ring your local CAB and most likely make an appointment to see an adviser.

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