Employment and Support Allowance (ESA)
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Back payment for support group?

JasperjadeJasperjade Member Posts: 3 Listener
Hi i am new to this so were to begin.
I was on Esa Wrag a year and 3 months ago and got rudley shunted onto UNIVERSAL CREDIT!! only scoring 6 points.
So didnt have any limited capability with all sufficient Doctors evidents makes me mad!! Even though i passed it last time round crazey!! 
Any way had to do a Mandatory reconsideration and ring uc to start a new claim and all that polava!! whoch put me in rent arrears and paying that out of my measly uc money. 
Arghh Any way cut a long story luckilly i won my pip assesment for a futher 3 years thankgod even though that got reduced which im still angry about.
Any way i did my Mr failed that a month later . I did it iver the telephone oops should of written in but i was out  of fight and steam.
So i eventually sent everything to tribunal eventually got all that back .
waited a year and 3 months and i won it on MONDAY :-) It was my birthday on the 13th so im prob going to celebrate once i get my back pay.
How long does it take after the tribunal descision to get a letter from dwp to say what im getting ect?
They put me in Support group as was on Wrag before for a futher 3 years so im just over the moon its been a long old battle.
I hope to hear from you soon
If you can possible email me that would be great thankyou

Replies

  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger

    Hello @Jasperjade.  Pleased to meet you welcome.

    Thank you for joining and sharing. Congratulations on your tribunal .

    I am one of the team of community champions. We guide advise and help new members who join.

    I am unsure how long it will be  before you receive any back dated benefit. There will be members of our community or a member of our team will be able to advise.

    Please have a look on our website.

    You could contact CAB.  They could inform you.

    We do not Email replies. Use this forum to give answers.

    Sorry to tell you that.

    Please have a look at our website for how to post anything and community guide, house rules.

    Please if you wish to know anything else. Please get in touch.

    Please take care.

    @thespiceman

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  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @Jasperjade and congratulations on winning your claim! It can take about 4-8 weeks to receive the back payment. Wishing you a warm welcome to the community!
    Community Partner
    Scope

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  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,954

    Scope community team

    Hi @Jasperjade, welcome to the community and well done at your win at tribunal (and your previous PIP appeal too.)

    Can I just ask, was this recent tribunal win for you ESA? As you're now on UC you can't go back on to ESA, so you'll need to request the decision is transitioned across so you're placed into the LCWRA group on Universal Credit.
    I hope that makes sense, but please ask if you have any further questions. :)

    Senior Community Partner
    Scope

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  • sims911sims911 Member Posts: 2 Listener
    Does  being onLCWRA PROTACTED ME COS I ONLY GET £118 off UC  and not SDP HAD A ASSENMENT IN JAN 2019 and got a standard level mobility and lost my home 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    sims911 said:
    Does  being onLCWRA PROTACTED ME COS I ONLY GET £118 off UC  and not SDP HAD A ASSENMENT IN JAN 2019 and got a standard level mobility and lost my home 
    Do you claim ESA or UC?

    If it's UC then SDP doesn't exist. If it's ESA then you need a daily living award of PIP for the SDP and you need to live alone or be classed as living alone and no one must be claiming carers allowance for looking after you.
    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.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Jasperjade,

    You should get backdating of the LCWRA element (limited capability for work related activity) going back to when you moved onto UC, and before that, possibly some arrears of ESA (if there was a gap between your ESA stopping and going onto UC).

    You can't go back to ESA, but that doesn't mean that the new decision doesn't have an effect on your UC - it does, as it has not been decided you have limited capability for work-related activity. 

    It sounds as if you weren't getting PIP when you moved onto UC, but I'm not sure. If you were, and you moved onto UC before 16th January, & you met the conditions for the severe disability premium in income-related ESA when you were moved to UC, then you may get some more money back in the future because of the loss of that severe disability premium (which doesn't exist in UC).

    If you didn't meet the conditions for the severe disability premium, but you would have done if you'd got PIP at the time, and you later got it because you challenged a decision, then it is worth getting advice about whether you should have been protected.

    sims911 are you challenging the PIP decision? It's only people who get a the daily living component of PIP and meet some other conditions who are protected and may get some money back in the future. It may be worth challenging the PIP decision though if you do have daily living difficulties (you can look at the activities on the PIP self-test here).

    For anyone who has lost their severe disability premium and/or enhanced disability premium due to a move to UC before 16th January 2019, you may be interested in contacting the law firm Leigh Day who are helping people in this situation.

    If you moved to UC after that date it is more complicated. You might be able to argue that you shouldn't have been moved at all or that it is unlawful not to give you compensation too, but it will depend on the circumstances. 

    Anyway, JasperJade, to answer your question, you should get backdating of extra UC (and maybe some ESA depending on when you claimed UC), but you can't go back to ESA. The extra money should hopefully be paid to you within the next four to six weeks but it is well worth ringing up to check.

    Will
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  • JasperjadeJasperjade Member Posts: 3 Listener
     Thankyou for your reply.
    Will i still get my Uc till they pay me what they ow me ? and still get pip 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
     Thankyou for your reply.
    Will i still get my Uc till they pay me what they ow me ? and still get pip 
    Yes you will. PIP isn't part of UC.
    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.
  • JasperjadeJasperjade Member Posts: 3 Listener
    Thanks :-) And it's a BIG RELIEF WINNING!
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