ESA3/Backdated Premiums

robthomson84

Hi guys, new here but need some advice!

I assume everyone has heard about the backdated payments for ESA3 premiums. I received an ESA3 form to fill out back in April. I am on ESA (Support Group) and was moved to that from Incapacity. After getting the ESA3 form I did some research and discovered I've never received the EDP despite being in the support group (am I right in thinking that being in the SG qualifies you for EDP yes?)

Anyway fast forward to this past week, and I receive a letter back saying I'm not due a backdated payment as I'm in WRAG. But this is entirely incorrect, I am in support group (have a letter here confirming it) and have always been in the support group. My benefit has never changed since being migrated from Incapacity to ESA and I have an indefinite sick note from the start of my claim so I don't submit sick notes as that covers me forever.

I've never attended or been asked to attend work focused interviews and a phonecall to my local jobcentre confirmed I'm on cont. based and will be for good, due to being in support group (WRAG only receives cont based for 365 days).

I did an online calculator which stated my ESA should be around £128 a month roughly, which is ESA, + support group payment, + EDP. But I only receive ESA + support group and have never received the premium.

Am I right in thinking I should of been due backdated payment of the enhanced disability premium since the beginning of my claim (2012)? I can't understand why they're saying I'm in WRAG when I've always been in support group.

I got the letter late Friday so have been unable to call them about it yet but am doing so on Monday. Just wanted to see what you guys thought about it in the meantime?

Thanks in advance for any advice!

poppy123456

Hi,

Firstly i should ask you to confirm exactly how much you receive each week and this will tell me which group you're currently in.

ESA Support Group doesn't automatically pay the premiums because they are not paid on Contributions based, they are only paid on Income Related. Whether or not you'll qualify will depend on your circumstances. Living with partner that works or claims any other benefit in their own right. Savings/capital and income from pensions etc, these are all things they look at when assessing you for the Income Related top up, if you're in the Support Group.

There's no such thing as an indefinite sick note, i'm afraid. The most likely reason for you not to have been re-assessed since moving onto ESA is because you've simply just slipped by on the system. The reason why you don't send in any sick notes is because you're in one of the groups and those that are in these don't need to send any sick notes.

robthomson84

I get £110.75 a week. Don't have a partner and don't have any other income other than DLA.

poppy123456

That's slightly less than the Support Group CB amount from 8th April 2019, the amount is £111.65 per week.

I'd advise you to ring ESA tomorrow morning and speak to them.

robthomson84

Sorry my mistake, I was taking that from a letter but just noticed it's dated 2018. Checked my online banking and I get exactly what you said, £111.65 a week.

poppy123456

You may need to request the Mandatory Reconsideration for this but see what they say tomorrow when you ring. If you do need to request this then you have 1 month from the date of the decision.

poppy123456

What DLA award do you have please? If it's Mid/high rate care then does anyone claim carers allowance for looking after you?

robthomson84

I have low rate for mobility and care and no one claims carers for me.

poppy123456

Thanks. Unfortunately, that low rate care award doesn't qualify you to claim the extra severe disability premium, if you were claiming Income Related ESA.

robthomson84

No I know I wouldn't get severe, it's the enhanced I mean.

robthomson84

I called the number on the letter today. They are getting someone to call me back to go through it, but the guy basically said to me that not everyone who is in the support group is entitled to the income related top-up, and that due to me income that is why I wouldn't be entitled. My income is simply my ESA and I thought that support group made you entitled to EDP? He said that as I'm contribution based I won't get the premiums because EDP is only payable to income related eligible claimants and that the amount I got on incapacity meant I wasn't eligible for income related? 

I'm so confused. Is this correct? 

poppy123456

He's correct in saying that not everyone in the Support Group is entitled to the premiums. As previously explained, it will depend on your circumstances, whether you're entitled or not.

If you're eligible the premiums are added as an income related top up. If all you have is the ESA and DLA with no pensions, Industrial injuries disablement benefit, savings/capital and you live alone then there's no reason why you shouldn't entitled to it. However, i can't give you a definite answer here on a forum.

robthomson84

That's what I thought but he was adamant that as I was on cont based that I shouldn't get it. I'm aware that it's a income related benefit but I was under the impression that you could get cont based + income related top-up? I have no other income, no savings and no partner. He's getting someone to call me back. In the meantime what would you suggest I do going forward? Contact CAB? Initiate the mandatory reconsideration?

poppy123456

To be honest most of the advisers really don't know what they're talking about because they just read from a screen. I can't tell you the amount of stories ive read where they've given people the wrong advice.

Wait until you receive a call back. CAB may not be of much use to you right now. Once you've received the call back if they still say you're not entitled then ring CAB and start the MR process.