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ESA income related letter I received for my dad (now dead)

Tinkerbell44Tinkerbell44 Member Posts: 27 Connected
in Employment and Support Allowance (ESA)
hi there everyone!! I’m new here so bear with me!! I really need some help, I received a letter from the DWP saying that as I was responsible for my late fathers financial affairs and was his next of kin they needed some information to help them decide if my dad was entitled to receive income related ESA!!.. he was I know this myself and I’m really annoyed and upset as I just presumed that he was on it,( when in fact all he was on was incapacity benefit and Severe disablement allowance and he struggled so badly with money to the point I’m still paying off loans I’ve had to take out (I’m also on UC LCWRA element) to buy him things he needed like a cooker, new tv, paying for his rent, and basic things he needed, I also had to buy his shopping and Cook extra meals to take to him as most days he could only afford to buy a 15p value Morrison’s pie for his dinners each day and that’s all he had, which of course he didn’t tell me how bad things had gotten until he was in the last stages of dying,  he has sorosis of the liver a brain tumor and was housebound- couldn’t walk/ had a zimmer to just get around his flat, as he lost the use of his legs due to his liver failure and the pain he just couldn’t do it, and was given time to live.... Anyway I got this letter from them asking for this information it’s called/ labeled at the bottom ‘ESA3WUL (IBRS)’ - does anyone know what this is?? What that means the code at the bottom?? Is there anything I can do about the fact he should have been receiving income related ESA as well as probably a lot of other benefits including premiums and surly help or his rent should have been paid??
Or am I right in thinking that he was one of the millions affected by this ESA problem?? Is this finally going to be paid?? Any help is much appreciated as I need to really get everything sorted and pay off the loans I had to take out on his behalf (bad credit he had also as well as no way being accepted anyway) and for everything he needed rent etc and the funeral costs via a loan too as he didn’t have any savings life Insurance nothing, he literally had 44p left in his bank account before I closed it that looked like it was what was left of an incapacity benefit because he wasn’t getting what he was entitled to legally all along!!?? I would really appreciate any help at all as I don’t know much about this kind of thing and feel like they fob me off or don’t answer when I do have a genuine question for them.

The letter says that they need to know in the period 20th December 2012 to 30th May 2013, he had
•a partner and if they did did they work 24 hrs or more per week.
(He didn’t)
•had savings of over £16,000.
(He didn’t)

Any help on what this is I would really appreciate and what this means?? Why am I getting this letter now?? What should I do about it?? Anything at all would be great!! As it really upsets me that my dad suffered and it may not have had to be like that....
Thank you in advance and thank you for taking the time to read about this.
G x
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Replies

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

    This is in relation to the Incapacity benefit to ESA under payments error made by DWP for some people that transferred across from IB to ESA. Some people weren't assessed for any income related top up and they remained on Contributions based ESA, which meant they were underpaid. The form you received was for you to give all the information to DWP so they can assess your late father for this Income Related top up on his ESA.

    Once they receive the information from you they will assess him between those dates stated in the letter.

    As you said he lived alone and didn't have any savings. What about work pensions, did he have anything like this? It will also depend on whether he had any transitional support protection paid when he transferred from Incapacity benefit, which would have been paid on top of his ESA weekly amount. All this is what DWP will assess him on. It really depends how much ESA he was receiving each week during that time.

    The Enhanced disability premium in 2012 was £14.05 per week, increasing to £14.80 per week from 8th April 2013. As the timescale in the letter is short and only about 20 weeks if he is owed any money then it will be a few hundred pounds maximum BUT as no one here knows his exact circumstances during that time we can't give a definite answer as to whether any money will be owed.

    May i also ask if he claimed DLA mid/high rate care during that time?


    Community champion and 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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  • Tinkerbell44Tinkerbell44 Member Posts: 27 Connected
    Thank you so much for that!! No he didn’t he didn’t get any ESA but I know he had tried to?? he really only got the 2 benefits I said about, incapacity benefit and severe disability allowance, he was on the high rate I think, he didn’t have any pension or Savings nothing like this, he was seriously ill and really struggled with money??
     Thank you so much again I really appreciate your help.
    so there’s not much point in me doing anything about this then?? Thanks
    G
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    He must have got ESA otherwise they wouldn't have sent you the ESA3 form. You're getting confused between all the past different benefits. Severe disablement allowance came first, this was the replaced by Incapacity benefit and then ESA replaced that.

    It's always worth filling out the form because even though it's just those 4 months, they maybe something owed but it may not be a lot but something is better than nothing. DWP can't carry out the assessment for the Income Related ESA without that form being filled in.

    Decision waiting times are between 12-20 weeks, possibly longer.
    Community champion and 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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  • Tinkerbell44Tinkerbell44 Member Posts: 27 Connected
    Thanks again, I’ve found an old bank statement from 2013, he definitely wasn’t getting ESA there’s no ESA payments been made to him only thing that’s showing is DLA payments, my money I was putting in and a couple payments from my Nan (also died) then his housing taking it straight off him anyway, I’m honestly sat here in tears with this it looks like he literally had £14 left to last him a week- he was paying full rent too, I’m starting to blame myself got not seeing this at the time.
     Thank you 
    G
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  • Tinkerbell44Tinkerbell44 Member Posts: 27 Connected
    I also don’t understand why it’s only from December 2012?? He’s been on benefits for years before this?? Sorry for all the questions but Im so upset about all this I haven’t slept I just feel like he was so badly treated esp when he worked all his life up until he fell ill joiner by trade and he worked his backside off when I was a child he was working 3 jobs 7 days a week day and night and I’m blaming myself now for not seeing this and helping him sort it sooner. So upset.
    again I’m sorry for all the questions etc and I really appreciate your time and help.
    G
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    When was the bank statement dated? The underpayment is only for between December 2012 and May 2013.
    Community champion and 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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  • Tinkerbell44Tinkerbell44 Member Posts: 27 Connected
    February 2013- April 2013?? 
    TIA
    x
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    All you can do is fill out the form with all the information they ask for and wait for DWP to make a decision. Once a decision is made they will send you the decision letter. Waiting times are between 12-20 weeks, from the time they receive the form.
    Community champion and 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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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'm sorry you have to go through this, it must be a very distressing time for you.

    It's very strange how there's no payments for ESA on that bank statement because he must have transferred at some point because you received that letter. My thoughts are that he could have been found fit for work at some point, which would have meant his ESA stopped as well as his housing benefit.

    If this is what happened, had he got the correct advice, he could have claimed housing benefit through nil income. Of course i'm only guessing what may have happened because i can't see any of the paper work and don't know his exact circumstances during that time, it's difficult to advise.
    Community champion and 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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  • Tinkerbell44Tinkerbell44 Member Posts: 27 Connected
    Thanks for everything, na he would never have been found as fit for work as he was dying and you could see that, he was a mess weighing 4 1/2 stone had a brain tumor sorosis of the liver/ liver failure a zimmer for the flat, he couldn’t make doctors or hospice or hospital appointments they came to him. I don’t know what happened it’s extremely hard atm trying to sort it out, but thanks for everything, I have filled out the slip that was with it and sent it back ticked the box ‘none of these statements apply’ so will see what happens, it did say on the letter also that they would phone me between 10am- 12pm on the 2nd October on my mobile number to discuss so hopefully that will clear stuff up, others say that they didn’t get a phone call just the form to fill out so hoping that means something too, he definitely wasn’t getting what he was entitled to it just really upsets me because he did try but when forms and obstacles were three in his was he was just to sick to deal with stuff like that, and they knew how Ill he was given that he had been informed he didn’t have long left he wouldn’t see 2015 and a time limit to his life.
    It’s all so much and it’s bringing back some really upsetting memories.
    Thanks again for everything.
    G
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You're very welcome. It's very sad indeed! :(

    Even though he was so ill people have still be known to be found fit for work even in these circumstances. When they ring i would ask what benefits he was claiming after 30th May 2013 because those dates you stated are very short. I'd certainly want to know what the dates are this short if you say he wasn't claiming anything. Maybe in the mean time you could find a bank statement from June/July 2013, then this would make things more clearer.

    Do let us know the outcome.
    Community champion and 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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  • Tinkerbell44Tinkerbell44 Member Posts: 27 Connected
    He died on 31st May 2013 and I did phone the DWP to tell them this, his bank account was closed the same day?? Thank you it’s all just so upsetting and I will be letting them know this!!
    G x
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  • Ciara55Ciara55 Member Posts: 19 Connected
    Tinkerbell44 said:
    He died on 31st May 2013 and I did phone the DWP to tell them this, his bank account was closed the same day?? Thank you it’s all just so upsetting and I will be letting them know this!!
    G x
    I am going through very same thing as you ...i received same letter ..ur father will have been moved from incapacity to esa and as c.a.b said to me dwp have already done initial checks before they sent letter to u...i called them and there is a compassionate team dealing with cases like these...they will arrane with u on phone a time to fill form in over phone (takes minutes)  xx
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  • Tinkerbell44Tinkerbell44 Member Posts: 27 Connected
    Ciara55 said:
    Tinkerbell44 said:
    He died on 31st May 2013 and I did phone the DWP to tell them this, his bank account was closed the same day?? Thank you it’s all just so upsetting and I will be letting them know this!!
    G x
    I am going through very same thing as you ...i received same letter ..ur father will have been moved from incapacity to esa and as c.a.b said to me dwp have already done initial checks before they sent letter to u...i called them and there is a compassionate team dealing with cases like these...they will arrane with u on phone a time to fill form in over phone (takes minutes)  xx
    Thank you so much!! I’m so sorry to hear your in the same position as myself, it’s horrible isn’t it, the memories and pain that this has and is dragging up is something I thought was in the past and had dealt with, now I’m blaming myself that I should have done more and the guilt has made me feel like I failed him, I can’t sleep at the moment and am having to go back to the doctors myself now. So upsetting this is!! I have sent the slip back that had three boxes to tick
    ‘had a partner....’
    ‘had savings....’
    and ‘these statements don’t apply’
    to them and ticked the box ‘these statements don’t apply’ have I don’t that right???? I’m panicking now Incase I’ve done it wrong or they don’t phone me on the Wednesday now 😖😢🥵😖
    thank you for your comment Ciara55 you have made me feel a little better and it’s nice to know there is someone in the same position to talk to!!
    G xx
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  • Ciara55Ciara55 Member Posts: 19 Connected
    Ciara55 said:
    Tinkerbell44 said:
    He died on 31st May 2013 and I did phone the DWP to tell them this, his bank account was closed the same day?? Thank you it’s all just so upsetting and I will be letting them know this!!
    G x
    I am going through very same thing as you ...i received same letter ..ur father will have been moved from incapacity to esa and as c.a.b said to me dwp have already done initial checks before they sent letter to u...i called them and there is a compassionate team dealing with cases like these...they will arrane with u on phone a time to fill form in over phone (takes minutes)  xx
    Hi 
    Yeah youve done it correct,,,my situation almost identical ....my father died aug 2017 and the dates on letter were from july 2013 to aug 2017 .....same answers as yourself no partner...no savings ...my father was an alcoholic who had numerous health conditions because of that as well as numerous non alcohol related health conditions and was in incapacity benefit and high rate dla .
     After i recieived that letter i checked old paperwork and found he had been moved to esa contribution based from incapacity.....after doing further research it seems he should have been paid premiums on top of his esa which total around £70 per week ....while waiting for phone call to fill form in i went to c.a.b and had them check everything and it seems he was underpaid in the region of £16.000 .
      I have now been told by esa that they have all required info and it is in hands of processing team but who knows how long they will take to finalise it all ....i will keep u updated...try not to worry too much....the phone call u are waiting on they will ask ur details and ur dads national ins number d.o.b etc and then arrange an appontment time  for another department to call u ....between my 1st call and call to actually fill in form on phone was 3 weeks so its defo a drawn out process...any other info i can help with just ask xxxx
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  • Tinkerbell44Tinkerbell44 Member Posts: 27 Connected
    Thank you SO much!!!! You have no idea how much better I feel now I’ve found someone in the same boat!! You’ve been Fantastic and answered most of my worries!! Only thing I’m not happy about now is the times they have given, he was on benefits a lot longer than December 2012?? Way before that we are talking probably around 2008- 2013 when he died, so I’ll need to ask them about this, I know he was on them then as I helped him with it all so I don’t understand why they are saying only from 2012?? 
    Yea my dad was the same, alcoholic and because of this all sorts of problems including his mental health suffering badly too, then several non alcohol related issues and illnesses too, the brain tumor etc, are they giving the families any compensation due to this?? Sorry but I think they should be because that money would have really helped him a hell of a lot and his mental health!! And I wouldn’t be in so much dept because of their mistakes either!! If it was the other way around they would add on some sort of fee or something so I just feel because this is really difficult for us and it’s dragging up all the past that I needed help by councilors to deal with they should be compensating families for this!! I’ll be asking them for sure as my own health is now taken a dip because of it all!!
     Thank you so much again for everything!! 
    Keep in touch and let me know how you get on- personally I think you should be getting the 16 plus at least 4 for the stress they have caused to thousands in our situation!! 
    If you want you can give me an email and let me know how you get on and I’ll do the same!! If I’m allowed to that is?? Thank you so much again really.
    G xxxx
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @Tinkerbell44 in 2008 the benefit he should have been claiming was Incapacity benefit, this was then replaced by ESA so in December 2012 it would have been ESA he should have been claiming. It would be worth finding out why the timescale is so short, it maybe that he hadn't long transferred across before he passed away. Why he bank statement doesn't show any payments, i really don't know.

    Scope do not allow sharing email addresses on the forum because we can't share personal details because of safety reasons.

    You can private message someone when you reach 25 posts and to do this click on the envelope on the right hand side of the screen, once this is open put the persons username into that and you'll be able to send them a message.
    Community champion and 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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  • Tinkerbell44Tinkerbell44 Member Posts: 27 Connected
    Fab thank you!! Yea I didn’t put my email as I wasn’t sure if that was allowed. Thank you for that yea I’ll ask them when they phone on Wednesday and I’ll let you know what is said. It’s all just weird but something isn’t right somewhere, hopefully they can get to the bottom of it as he was definitely claiming benefits long before December 2012 as he had no savings no one else to help not even half decent credit to get help via loans or anything nothing, just me, and I can see that via the bank statements too. I feel awful for him he said it was bad but not to worry he was getting by, getting by on £14 a week isn’t right but he also felt bad taking shopping let alone money from me, his own daughter and I just feel awful because he always believed as a father his job was to be there for me which stopped him asking for the help he clearly needed to survive the help he should have been getting from DWP.... it makes me so mad but so upsetting at the same time. 
    Thank you for everything you do I really appreciate it and am blessed to have people like you on our side. Will keep you updated with everything!!
    G x
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  • Ciara55Ciara55 Member Posts: 19 Connected
    Tinkerbell44 said:
    Fab thank you!! Yea I didn’t put my email as I wasn’t sure if that was allowed. Thank you for that yea I’ll ask them when they phone on Wednesday and I’ll let you know what is said. It’s all just weird but something isn’t right somewhere, hopefully they can get to the bottom of it as he was definitely claiming benefits long before December 2012 as he had no savings no one else to help not even half decent credit to get help via loans or anything nothing, just me, and I can see that via the bank statements too. I feel awful for him he said it was bad but not to worry he was getting by, getting by on £14 a week isn’t right but he also felt bad taking shopping let alone money from me, his own daughter and I just feel awful because he always believed as a father his job was to be there for me which stopped him asking for the help he clearly needed to survive the help he should have been getting from DWP.... it makes me so mad but so upsetting at the same time. 
    Thank you for everything you do I really appreciate it and am blessed to have people like you on our side. Will keep you updated with everything!!
    G x
    Hiya ...i know exactly where your coming from it is so hard..we had a terrible time when my father actually passed away with police and nhs failings etc it seems like one thing after another  but anyway another update...dwp just called me again ...just to confirm one of my dads adresses... .lady said she was hoping to complete it all by end of day ....so doesnt look like its going to take long at all ....will keep u updated.. .but phonecall i had to fill in form.on phone was on 25th september so from then until decision maker working on it has been less than a week 
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  • Tinkerbell44Tinkerbell44 Member Posts: 27 Connected
    Thank you so much!! That’s fantastic at least they are working through them quickly and not making us wait weeks as that just seems like hell to be honest, your situation sounds so much like mine too!! Hopefully they will phone soon they are due to phone today between 9 and 12 and this waiting is playing havoc with my anxiety already it’s bringing back horrible memories and unwanted returning feelings!! I’m so pleased for you!! Some closure is great!! Yes please keep me updated on how it all goes!! I will do the same my end!! Thank you again!!
    G X
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  • Tinkerbell44Tinkerbell44 Member Posts: 27 Connected
    Xx
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  • Ciara55Ciara55 Member Posts: 19 Connected
    Tinkerbell44 said:
    Thank you so much!! That’s fantastic at least they are working through them quickly and not making us wait weeks as that just seems like hell to be honest, your situation sounds so much like mine too!! Hopefully they will phone soon they are due to phone today between 9 and 12 and this waiting is playing havoc with my anxiety already it’s bringing back horrible memories and unwanted returning feelings!! I’m so pleased for you!! Some closure is great!! Yes please keep me updated on how it all goes!! I will do the same my end!! Thank you again!!
    G X
    Hi..just letting you know phonecall yesterday and they told me all checks had been done and there has been a BR330 form.sent out for me to fill in and return they said ita for bank details etc they didnt tell me amount due and not really sure what that form.is to be honest but will keep u posted.xx did u get phonecall xx
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  • Tinkerbell44Tinkerbell44 Member Posts: 27 Connected
    Thank you for that!! Yes I got the call and done the form via the phone. She said I would receive a letter regarding what’s due and how it has been worked out etc, she did say to me she had my bank details etc as I’m also on universal credits?? So I don’t know what I’m really waiting for now?? Thank you!! Again.
    G xx
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  • Tinkerbell44Tinkerbell44 Member Posts: 27 Connected
    Just getting so frustrated with the waiting!! I’m not good in situations like this my pad anxiety disorder is going off the rails!! Xx
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  • Chloe_ScopeChloe_Scope Scope Posts: 10,662 Disability Gamechanger
    Hi @Tinkerbell44, I'm really sorry to hear it has been such a stressful time for you! Please do let us know if we can do anything to help. :)
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  • Tinkerbell44Tinkerbell44 Member Posts: 27 Connected
    Thank you so much. Just let me know if anyone else hears anything at all!! That will give me a bit of clarity xx
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  • Tinkerbell44Tinkerbell44 Member Posts: 27 Connected
    Ciara55 said:
    Tinkerbell44 said:
    Thank you so much!! That’s fantastic at least they are working through them quickly and not making us wait weeks as that just seems like hell to be honest, your situation sounds so much like mine too!! Hopefully they will phone soon they are due to phone today between 9 and 12 and this waiting is playing havoc with my anxiety already it’s bringing back horrible memories and unwanted returning feelings!! I’m so pleased for you!! Some closure is great!! Yes please keep me updated on how it all goes!! I will do the same my end!! Thank you again!!
    G X
    Hi..just letting you know phonecall yesterday and they told me all checks had been done and there has been a BR330 form.sent out for me to fill in and return they said ita for bank details etc they didnt tell me amount due and not really sure what that form.is to be honest but will keep u posted.xx did u get phonecall xx
    Ciara55 said:
    Tinkerbell44 said:
    Thank you so much!! That’s fantastic at least they are working through them quickly and not making us wait weeks as that just seems like hell to be honest, your situation sounds so much like mine too!! Hopefully they will phone soon they are due to phone today between 9 and 12 and this waiting is playing havoc with my anxiety already it’s bringing back horrible memories and unwanted returning feelings!! I’m so pleased for you!! Some closure is great!! Yes please keep me updated on how it all goes!! I will do the same my end!! Thank you again!!
    G X
    Hi..just letting you know phonecall yesterday and they told me all checks had been done and there has been a BR330 form.sent out for me to fill in and return they said ita for bank details etc they didnt tell me amount due and not really sure what that form.is to be honest but will keep u posted.xx did u get phonecall xx
    Ciara55 said:
    Tinkerbell44 said:
    Thank you so much!! That’s fantastic at least they are working through them quickly and not making us wait weeks as that just seems like hell to be honest, your situation sounds so much like mine too!! Hopefully they will phone soon they are due to phone today between 9 and 12 and this waiting is playing havoc with my anxiety already it’s bringing back horrible memories and unwanted returning feelings!! I’m so pleased for you!! Some closure is great!! Yes please keep me updated on how it all goes!! I will do the same my end!! Thank you again!!
    G X
    Hi..just letting you know phonecall yesterday and they told me all checks had been done and there has been a BR330 form.sent out for me to fill in and return they said ita for bank details etc they didnt tell me amount due and not really sure what that form.is to be honest but will keep u posted.xx did u get phonecall xx



    CIARA55: hey hun have you heard any more?? Any news at all?? Let me know how you get on with everything?? I’m still waiting on hearing back from the first phone call it’s causing a lot of stress to say the least?? Xxxx

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  • Ciara55Ciara55 Member Posts: 19 Connected
    @Tinkerbell44
    Hiya no update since last one really...i received br330 last week and returned it jist waiting on them processing it and releasing payment ..when i called they said should b anyday now...i cant complain really as things have moved reallt quick compared  with some people on here...my 1st phonecall to fill in application was on only 25th september ..hopefully u hear more soon ..i will keep u updated on mine xx
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  • Tinkerbell44Tinkerbell44 Member Posts: 27 Connected
    Thank you so much for that!! That’s good I’m so pleased that they are doing something about it but they could be quicker for us deceased cases as it is very stressful!! I’ll hopefully hear something soon!! I’ll let you know when I do!! 
    G xxxx
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  • Ciara55Ciara55 Member Posts: 19 Connected
    @Tinkerbell44. Hi wee update they called again told me alls checked n double checked and amount of arrears over £16.000 will be paid into my account in the next 2/3 weeks xx hopefully yours is dealt with as quick  xx
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  • Tinkerbell44Tinkerbell44 Member Posts: 27 Connected
    Ciara that is FANTASTIC!!!! I’m so so please for you hun!! So pleased!! Did you expected that much?? I don’t think I’m going to even get 500 quid to be honest.. but I’ll keep you updated!! Xxxx
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  • Chloe_ScopeChloe_Scope Scope Posts: 10,662 Disability Gamechanger
    That's amazing news @Ciara55! Thank you for letting us know!

    Fingers crossed @Tinkerbell44!
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    Scope

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  • Tinkerbell44Tinkerbell44 Member Posts: 27 Connected
    Thank you so much Chloe xx
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  • Chloe_ScopeChloe_Scope Scope Posts: 10,662 Disability Gamechanger
    No problem at all @Tinkerbell44 :)
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  • Ciara55Ciara55 Member Posts: 19 Connected
    @Tinkerbell44 thank you .2bh i had fair idea as the initial letter said investigatingg from july 2013  until aug 2017 when my dad passed away...id called cab tbeyd told.me he shouldve been getting 2 premiums which totalled around £70 a week ...but even though id calculated arount tht amount i expected it to be a lot less so was shocked ....hot call yesterday to say payment has been released and will be in my account in 3 days ...dont think ill really believe it til i see it in bank ....kimda worried at same time tho incase it effects my own benefits as i myself am.on pip and esa ....half expecting my benefit to.stop...who knows ?? Will keep u updated ,xx
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Ciara55 said:
    .kimda worried at same time tho incase it effects my own benefits as i myself am.on pip and esa ....half expecting my benefit to.stop...who knows ?? Will keep u updated ,xx
    Under normal circumstances backdated money received from an error made by DWP that's more than £5,000 is disregarded for the life of the benefit claim and this is for all means tested benefits.

    However, because it's money you're receiving for your late father then i'm unsure about this. PIP isn't means tested so that definitely won't be affected. When you receive the decision letter take a very close look at exactly what it says on there and if it's disregarded, it will tell you and for how long. If it doesn't say anything then you'll need to ring DWP and ask a decision maker the question because only they will be able to tell you the correct answer.

    I'll be very surprised if it's not disregarded because after all it was certainly not your fault that your late father was underpaid by such a huge amount of money. Do let us know either way because i'll be very interested in the answer.

    I'm glad to hear that the money has finally been released, usually it take 3-5 working days for it to go into your bank.
    Community champion and 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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  • Chloe_ScopeChloe_Scope Scope Posts: 10,662 Disability Gamechanger
    edited October 2019
    Hi @Tinkerbell44, how are you doing?

    We have had press request from The Independent who are interested in speaking to someone about ESA being underpaid to a loved one, and then backdated to their next of kin. If you'd like to be involved then please email the community on [email protected]

    If you are not interested then that is no problem at all! Thanks. :)
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  • clucky20clucky20 Member Posts: 5 Listener
    Hi all, hope you don’t mind me interfering but I have also just received this letter for a late friend who I was next of kin for and I’m really shocked that dwp have contacted me for it I was the one that did the funeral and registered the death and was present at death as I classed this person as a father. I was just wondering because I was next of kin and he didn’t have any children or partner am i entitled to receive what is Owed to him? I was a little taken back when I first got this letter and I didn’t respond, dwp then contacted me by telephone and asked me to fill In a form over the phone. Which I did I also told them that I was just next of kin and they said for me to still fill the form. I never ever expected this and it as come as a shock as it was so hard to get a funeral for him and I’ve never been able to afford a head stone so I’m sort of hoping that is going to change that and  help towards one if anything comes back out of it, any help would be much appreciated. :)  
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @clucky20 As you are the next of kin, if he's owed any backdated money then yes you will receive it on his behalf.
    Community champion and 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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  • clucky20clucky20 Member Posts: 5 Listener
    Hi thank you for your reply I really appreciate you’re help, I was just a little concerned as I’m not blood related and not sure where I stand with it all. The letter said he may of been owed money from 2011 up till when he past away in 2013 it’s really come as a shock and I’m trying not to think to much of it all but it’s quite hard not to. Do you know  What happens next and how long it takes I’m rather hoping it’s  all over quickly as it’s just made me really sad and brought back sad memories. 
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    clucky20 said:
    Hi thank you for your reply I really appreciate you’re help, I was just a little concerned as I’m not blood related and not sure where I stand with it all. The letter said he may of been owed money from 2011 up till when he past away in 2013 it’s really come as a shock and I’m trying not to think to much of it all but it’s quite hard not to. Do you know  What happens next and how long it takes I’m rather hoping it’s  all over quickly as it’s just made me really sad and brought back sad memories. 
    I'm so sorry all this is happening, i'm sure it's having some affect on you, especially after all this time. I've heard of a few stories were people have passed away and others have been contacted because of the underpayments and it has been dealt with rather quickly. Whether this will be the same i don't know. Under normal circumstances the wait is over 20 weeks. Really there's no timescales to any decision but i hope it's sorted really quickly. Of course whether there's any money owed will depend on their circumstances during those dates.
    Community champion and 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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  • Chloe_ScopeChloe_Scope Scope Posts: 10,662 Disability Gamechanger
    Welcome to the community @clucky20, I really hope this isn't impacting too much as I imagine it is bringing back memories. I hope they can deal with this quickly. Please do let us know how you get on. :)
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  • clucky20clucky20 Member Posts: 5 Listener
    Thank you both for your replies I certainly will let you know how it all goes, I really hope it’s all over quickly they might think they are doing a good cause by paying people back what they are owed but It’s so hard for the loved ones that are left behide here’s who have to deal with this. 
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  • Chloe_ScopeChloe_Scope Scope Posts: 10,662 Disability Gamechanger
    Got my fingers crossed @clucky20!
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  • nicolah95nicolah95 Member Posts: 1 Listener
    i got the same letter about a relative and received a form to fill in but still dont understand whats its about
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  • clucky20clucky20 Member Posts: 5 Listener
    Hiya I think it’s to do with a underpayment from a few years ago when they changed benefits people wasn’t getting the correct payments. I still haven’t had any news but I will let you know when I receive an update. Mine was for a man that I classed as a dad but he wasn’t blood and I was his next of kin but im not 100% if I’ll be entitled to it as he does a brother which he had nothing to do with but dwp contacted me so we will see. I really hope something does come out of it as I’ve never been able to get a headstone for his grave so it would be Lovly to do that for him. Best of luck with your progress. 
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  • Tinkerbell44Tinkerbell44 Member Posts: 27 Connected
    Yes it’s money that’s (that was sorry) underpaid to a person in this case it’s my dad basically any next of kin will receive the underpayment that this person who has passed away would’ve been Jew I’ve had the phone call and I’ve had the letter and I filled everything out I’ve been told it’s a 12 week weight I am on weight week eight now I’m hoping it quickens up but I was wondering how @Ciara55 was getting on also???? And @poppy123456 @Chloe_Scope  Is there any number I can phone to ask them what’s going on sort of thing what’s happening now about it like I said I did they did tell me it was up to 12 weeks but I am almost on week nine now and I just feel I should’ve had some sort of letter or update or something if you could help me out it would be much appreciated thank you so much for everything you do and all your help I would be totally lost without you
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I believe there's a certain number to ring for the underpayments but i'm sorry i have no idea what that is. The waiting times they tell you is always just a guide. I do know that backlogs for this are huge and waiting times have increased to over 20 weeks. Whether or not they will deal with it any quicker because of the circumstances here, i have no idea. They don't usually update you along the way either, they'll just send out a decision letter once the decision's been made.
    Community champion and 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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  • Chloe_ScopeChloe_Scope Scope Posts: 10,662 Disability Gamechanger
    Sorry @Tinkerbell44, I am unsure about this. Have you been able to get it resolved?
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  • Bookworm87Bookworm87 Member Posts: 1 Listener
    We've also received one, I'm so confused by it
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Bookworm87 said:
    We've also received one, I'm so confused by it
    HI and welcome,

    I'm assuming you received the ESA3 form? what are you confused by? did you transfer from Incapacity benefit to ESA? If so then information here in the link. https://www.bbc.co.uk/news/uk-45903514

    Community champion and 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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  • Lljr83Lljr83 Member Posts: 7 Listener
    @clucky20 I’m in the same position as you my friend who was basically my dad and grandfather to my children died a few years ago and as I registered death and arranged and paid for funeral and notified dwp of his death they have contacted me he had no living relatives the dwp said I am his beneficiary but I’m unsure if I’ll receive what is owed to him. I also like you haven’t managed to give him a headstone on his grave and the thought I might be able to but I don’t know Is causing my anxiety to go through the roof 
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Lljr83 said:
    @clucky20 I’m in the same position as you my friend who was basically my dad and grandfather to my children died a few years ago and as I registered death and arranged and paid for funeral and notified dwp of his death they have contacted me he had no living relatives the dwp said I am his beneficiary but I’m unsure if I’ll receive what is owed to him. I also like you haven’t managed to give him a headstone on his grave and the thought I might be able to but I don’t know Is causing my anxiety to go through the roof 

    Hi and welcome,

    I'm sorry this is causing anxiety for you, i can't imagine being contacted regarding this after the loss of a loved one.

    If your late father is owed any money then you will receive what is owed on behalf of him. There's no timescales for how long this will take but usually it's a quicker process when dealing with these sort of claims. Hopefully you won't be waiting too much longer.
    Community champion and 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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  • Lljr83Lljr83 Member Posts: 7 Listener
    I’m just worried because we aren’t blood related but he brought me up from the age of 7 and Me and my children were all he had, the man on the phone noted me as his beneficiary which he would have wanted as there’s no one else, does this mean that the underpayment would go to me x
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  • clucky20clucky20 Member Posts: 5 Listener
    Hi all, just a little update I’ve received a br3330 form asking for funeral arrangements and bank details etc.. I will complete this tomorrow and send it back. Does anyone no what happens next and how long the wait is for this part? I’ve been waiting since November for a reply from my 1st form i sent back. Yeah lljr83 We definitely sound like we are going through the same thing. I hope you hear something soon. It’s been 3 months for me to hear something back to let me know he was owed money and like I said above I’ve received another form now to complete this and wait again :( it’s a nightmare I just want it over with. I’ve had to write in box why I think I should receive this money aswell it’s horrible. Like you can explain on paper what someone ment to you.  Keep me posted with how you get on. All the best 
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    clucky20 said:
    Hi all, just a little update I’ve received a br3330 form asking for funeral arrangements and bank details etc.. I will complete this tomorrow and send it back. Does anyone no what happens next and how long the wait is for this part? I’ve been waiting since November for a reply from my 1st form i sent back. Yeah lljr83 We definitely sound like we are going through the same thing. I hope you hear something soon. It’s been 3 months for me to hear something back to let me know he was owed money and like I said above I’ve received another form now to complete this and wait again :( it’s a nightmare I just want it over with. I’ve had to write in box why I think I should receive this money aswell it’s horrible. Like you can explain on paper what someone ment to you.  Keep me posted with how you get on. All the best 

    I believe the next stage is for DWP to pay the money owed but unfortunately there's no timescales of any decision. Hopefully you won't be waiting much longer.
    Community champion and 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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  • Lljr83Lljr83 Member Posts: 7 Listener
    @clucky20 thanks hope you’re all sorted soon, it’s driving me crazy waiting to hear feel like I’m back to when I lost him all over again it’s brought it all back again, the people I’ve spoke to were lovely though just want it all sorted so it’s not hanging over me and if all goes well I can get his grave all sorted so me and the kids have somewhere nice to go and remember him x
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