Employment and Support Allowance (ESA)
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ESA awarded after 9+ yrs!

Hi all

Newbie here. Looking for some direction.  OBO daughter who has LD and ASD.  Applied on her behalf in 2009 for ESA, turned down so appealed.  She received admin payment during this time until last November when she received a letter via post explaining they had tried searching for her appeal docs and couldn’t find them.  They apologised for the “delay” and decided to award her the benefit and backdated the difference.  She now has to attend her first medical next week.

Under these circs could she apply for compensation? 

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,
    I don't understand what you mean by an admin payment. ESA didn't exist back in 2009, it was Incapacity benefit. ESA wasn't introduced until 2011.

    You will need to get some expert face to face advice regarding this because it's extremely difficult to give the correct advice without knowing the case details.

    This link will help you find an advice agency in your area.

    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.
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    edited February 2019
    Sorry to correct you Poppy, ESA was introduced by Labour in 2008 to replace IB.

    What is an OBO daughter?
  • niknak7278niknak7278 Member Posts: 25 Connected
    Thank you both.  Guess I’ll have to get her some specialist face to face advice.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Ah yes of course, i was thinking of the transfers from IB. Thanks.

    I'm curious what OBO daughter is too.
    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.
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    We are not that bad, it is just that you have used a couple of terms that have not been seen before. In answer to your question, she is entitled to back payment from the date of the appeal, as it was 9 years ago, I don't think the DWP backdate payments for length of time, but certainly a couple of years anyway, she should get the component rate repaid. 
  • niknak7278niknak7278 Member Posts: 25 Connected
    We are not that bad, it is just that you have used a couple of terms that have not been seen before. In answer to your question, she is entitled to back payment from the date of the appeal, as it was 9 years ago, I don't think the DWP backdate payments for length of time, but certainly a couple of years anyway, she should get the component rate repaid. 
    Thanks for info and apologies for my scrappy intro.  Tbh I had no idea what to write.

    Just to clarify, the last 9 years she’s received ESA Admin payment = personal allowance.  The day after the letter arrived they deposited the backdated component rate into her bank a/c.  
  • niknak7278niknak7278 Member Posts: 25 Connected
    Ah yes of course, i was thinking of the transfers from IB. Thanks.

    I'm curious what OBO daughter is too.
    OBO = on behalf of. 
    :)
  • niknak7278niknak7278 Member Posts: 25 Connected
    ilovecats said:
    Hi all

    Newbie here. Looking for some direction.  OBO daughter who has LD and ASD.  Applied on her behalf in 2009 for ESA, turned down so appealed.  She received admin payment during this time until last November when she received a letter via post explaining they had tried searching for her appeal docs and couldn’t find them.  They apologised for the “delay” and decided to award her the benefit and backdated the difference.  She now has to attend her first medical next week.

    Under these circs could she apply for compensation? 
    OBO????
    On behalf of 
    :)
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger

    Thanks for info and apologies for my scrappy intro.  Tbh I had no idea what to write.

    Just to clarify, the last 9 years she’s received ESA Admin payment = personal allowance.  The day after the letter arrived they deposited the backdated component rate into her bank a/c.  
    I'm sorry but i'm still not understanding what admin payment is? Do you mean assessment rate?  which is £73.10 per week from April 2018.
    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.
  • niknak7278niknak7278 Member Posts: 25 Connected

    Thanks for info and apologies for my scrappy intro.  Tbh I had no idea what to write.

    Just to clarify, the last 9 years she’s received ESA Admin payment = personal allowance.  The day after the letter arrived they deposited the backdated component rate into her bank a/c.  
    I'm sorry but i'm still not understanding what admin payment is? Do you mean assessment rate?  which is £73.10 per week from April 2018.
    DWP called it “Admin payment” which equates to personal allowance.  
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    There's no personal allowance/admin payment with ESA. https://www.gov.uk/employment-support-allowance/what-youll-get

    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.
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    Was she working in admin for the DWP? :smiley:
  • niknak7278niknak7278 Member Posts: 25 Connected
    There's no personal allowance/admin payment with ESA. https://www.gov.uk/employment-support-allowance/what-youll-get

    Apologies again, I reread the letter AGAIN and it was indeed the assessment rate.  However DWP referred to it on the phone as an admin payment.

    Coincidentally DWP refer to it in the letter as the “ESA PPA Exercise”.  Whatever that is.

    Sorry again for confusion.
  • niknak7278niknak7278 Member Posts: 25 Connected
    Was she working in admin for the DWP? :smiley:
    Oh funny! 😂 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Yes i thought it may have been assessment rate because there's no other payment it could have been. I would still advise a visit to your local advice centre. Good luck.
    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.
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