ESA income related letter I received for my dad (now dead) — Scope | Disability forum
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ESA income related letter I received for my dad (now dead)

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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Comments

  • poppy123456
    poppy123456 Member Posts: 31,132 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?


  • Tinkerbell44
    Tinkerbell44 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
  • poppy123456
    poppy123456 Member Posts: 31,132 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.
  • Tinkerbell44
    Tinkerbell44 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
  • Tinkerbell44
    Tinkerbell44 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
  • poppy123456
    poppy123456 Member Posts: 31,132 Disability Gamechanger
    When was the bank statement dated? The underpayment is only for between December 2012 and May 2013.
  • Tinkerbell44
    Tinkerbell44 Member Posts: 27 Connected
    February 2013- April 2013?? 
    TIA
    x
  • poppy123456
    poppy123456 Member Posts: 31,132 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.
  • poppy123456
    poppy123456 Member Posts: 31,132 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.
  • Tinkerbell44
    Tinkerbell44 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
  • poppy123456
    poppy123456 Member Posts: 31,132 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.
  • Tinkerbell44
    Tinkerbell44 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
  • Ciara55
    Ciara55 Member Posts: 19 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
    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
  • Tinkerbell44
    Tinkerbell44 Member Posts: 27 Connected
    Ciara55 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
  • Ciara55
    Ciara55 Member Posts: 19 Connected
    Ciara55 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
  • Tinkerbell44
    Tinkerbell44 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
  • poppy123456
    poppy123456 Member Posts: 31,132 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.
  • Tinkerbell44
    Tinkerbell44 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
  • Ciara55
    Ciara55 Member Posts: 19 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
    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 
  • Tinkerbell44
    Tinkerbell44 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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