Employment and Support Allowance (ESA)
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

Backdated esa

vicky123vicky123 Member Posts: 21 Listener
I hope someone can help back in 2011 when DWP made error of not changing people over to Income Related ESA from Contribution based.  I in May 2019 received letter saying I might be entitled to backdate as I should of been on Income esa. Now I received their reply saying that in August 20 2011 I was married on that particular day I won’t be getting backdated payment. So I put in reconsideration saying I separated in Nov 2011. They replied that as I was still with partner I wouldn’t get it as again on 30 Aug I was with him. Can someone advise please as they have now started paying me the Income Related from May this year but refuse to backdate are they right? As I said DEP found out on 20Aug 2011. But when I informed you of my marital status of single and after I divorced you should of changed me over to income based esa and paid me back date from then till now.   Could some tell me if I can appeal.  Thanks 

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    Please can i just confirm a few things because your question isn't clear. You married on 20th August 2011 and separated on 11th November 2011? The on 30th August 2012 you were back with the same partner?

    If that's correct, when you separated in the November did your partner move out and did you report those changes?
    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.
  • vicky123vicky123 Member Posts: 21 Listener
    Sorry no I’m on tablets so was rushing. I was married on 20 Aug 2011 separated Nov 2011 informed DWP and tax credits divorced year later . But what they are saying is on 20 Aug 2011 when DWP found out that I was still with a partner on that day I can’t get payment backdated. Although my concern is in Nov I told them and my claim should of had change of circumstances and gone over to Income Related. As it was their fault that they made this error. So now since May 2019 they have decided to pay me as that’s when they sent the letter out. But my point is I’ve been single all this time without partner since 2011 Nov why not since then 
  • vicky123vicky123 Member Posts: 21 Listener
    I also on the phone told them to reconsider and someone phoned me back and said no you can’t get backdated payments. Should I also send the reconsideration letter by post so I have proof as I don’t know if or when they’ll send appeal form. Although I was married in Aug 2011 when I separated in aNov 2011 I should be eligible.  But they are stuck on that one date 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'm sorry but your dates don't add up. You say you married on 20th Aug, separated in Nov but the DWP found out you were still with your partner on 20th August but you said that was the date you were married.

    There are times when it's extremely difficult to give advice on an internet forum without knowing your exact circumstances and the correct dates. You will really need to get some face to face advice regarding this from an advice agency near you. This way you'll be able to take all your paper work from past years and they will be able to give you the correct advice. They will also be able to tell you whether you're owed any backdated money or not.

    If they think the DWP decision is incorrect then the first step to appeal is to request the mandatory reconsideration by letter. If that decision remains the same then it's Tribunal.

    This link will help you find what's available local to you. https://advicelocal.uk/

    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.
  • vicky123vicky123 Member Posts: 21 Listener
    No sorry what I mean is I was married on the 20 Aug 2011 when they said they realised I should be getting Income  Related. I then separated from my husband in Nov 2011.  And later divorced. I did tell them ab change of circumstances in Nov 2011. My query is yes on the 20 Aug 2011 I had a partner but when in Nov I separated should they not have reviewed my claim and thought yes she needs to be moved to Income related? Why don’t they pay me from Nov when my circumstances changed and. I should of still received Income Related esa?
  • vicky123vicky123 Member Posts: 21 Listener
    I was married since 2007.  But the dwp say on 20 Aug 2011 you had a husband I said yes but we seperated in Nov 2011 so I might not be entitled to the backdate for Aug but in Nov as a single parent why am I declined for backdate
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    In November 2011 it would have depended what group you were in at the time, savings, capitol and other income. It's impossible to give you a definite answer i'm afraid. Face to face advice is needed here.
    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.
  • vicky123vicky123 Member Posts: 21 Listener
    Ok thanks 
    I was on esa contribution based  no savings lived of housing benefit I was in the support group and still am. No income apart from esa
  • vicky123vicky123 Member Posts: 21 Listener
    I did on the phone tell them to reconsider and they declined me and didn’t say they’d send a letter but  Should I still send a reconsideration letter by post so I have proof?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You need to request the MR by letter stating why you disagree with the decision. Once they've made a decision on that they will write to you with the decision letter. Without that letter you won't be able to request the Tribunal.

    I'd still advise you to get some face to face advice because there's very little point going through all of this if you're not entitled to any backdated money between those dates. You have to be 100% sure you're owed money because it's a very long stressful process.
    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.
  • vicky123vicky123 Member Posts: 21 Listener
    I phoned the citizens advice and they told me to contact the local council welfare officer who’s away at the minute don’t know where else to ask. Solicitors are expensive as I don’t know if I’ve got a case 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You don't need a solicitor for this because they will have limited benefit knowledge. Welfare rights officer is a good place to start and you have 1 month from the date of the decision to request the MR.

    I'm afraid i can't give any advice on whether or not you have a case because i don't know any of your circumstances during those dates.
    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.
  • vicky123vicky123 Member Posts: 21 Listener
    Ok sorry to ask but I on the phone asked for a reconsideration and the next day lady phoned back saying it’s been denied. Do I once again on paper send a reconsideration letter so I have proof 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Did you receive a decision in writing on that MR or was it just on the phone? To take it to Tribunal you need the MR decision in writing because without this they will refuse the Tribunal.

    As advised, unless you're 100% sure they owe you backdated money then you'll have no grounds for requesting the MR or Tribunal.
    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.
  • vicky123vicky123 Member Posts: 21 Listener
    It was on the phone so I’ll prob send it in writing that way I have proof. As I have been advised that although I was married and living with partner in Aug 2011. When I informed them in Nov of change of circumstances they should of reviewed my claim and changed me over. 
    Thanks for your help 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    In November 2011 were you still living with your partner?
    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.
  • vicky123vicky123 Member Posts: 21 Listener
    No in August 2011 I was still married but in Nov 2011 we seperated and I informed the dwp. They should of checked my change of circumstances and put me on Income Related 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It depends what you mean by separated. It can mean different things with DWP. Did you or your partner move out or were you still living together?
    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.
  • vicky123vicky123 Member Posts: 21 Listener
    He moved out and then we got a divorce
Sign in or join us to comment.