Employment and Support Allowance (ESA)
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My late farther is owed backdated esa payments.

milkybarkidmilkybarkid Member Posts: 10 Listener
I spoke to the DWP today and they told me my late farther was due owed esa payments since I was his next of kin they say I’m the beneficiary. I am confused as to why this is? I have siblings (non of which bothered with him) why haven’t they contacted them? Also does this mean the stress of having to chase them down to give them money? All DWP would say is that I’m the beneficiary as I’m next of kin. 

Replies

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

    This will be regarding those that were transferred from Incapacity benefit to ESA. When this happened there was an error and some weren't assessed for the income related top up and were kept on Contributions based ESA. DWP are now in the process of contacting everyone that transferred across. Not everyone that transferred will be owed money. Some are and some aren't.

    It will totally depend on your late fathers circumstances during the dates they stated. You should have been asked questions regarding his circumstances and they would have filled out a form with you during that phone call.

    The reason they've contacted you is because you are his next of kin, even though he has other children.

    Once they have assessed his circumstances then they will send you a decision letter. If he's owed money then you will receive the money that's owed. This whole process could take about 20 weeks, sometimes less.

    Hopefully you won't be waiting too long. Hope this helps.
    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.
  • milkybarkidmilkybarkid Member Posts: 10 Listener
    They are ringing me tomorrow to go through a form which I’m worried about I’ve no idea about my dads finances and what he got. All I do know is he didn’t have any savings and had £13 in his bank when his bank when he passed away. My other concern is I don’t have anything to do with my siblings because they treated him so badly. Do I have to try and chase them down to give them some of this owed amount? Everything to do with my dads death and illness was horrific. They left me to do everything on my own including his funeral and clearing his house out. Because of this I’ve not spoken to them in over 3 years. Both have moved in that time and I don’t even know where they are. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'm sorry you are having to deal with all of this, it must be very stressful. All i can advise when you to do when they ring is to answer those questions as best as you can. The things they will want to know are savings/capital/ money from work pensions, income from living with a partner that worked or claimed any other benefits.

    As i previously advised because you are his next of kin then if there's any money owed it will be paid to you.
    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.
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,924

    Scope community team

    Hi @milkybarkid. I'm really sorry for your loss and that you're having to deal with this without the support of your siblings. 
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey
  • milkybarkidmilkybarkid Member Posts: 10 Listener
    So they rang me today and asked about savings, pensions, life insurance, wanted to know about all his bank accounts ect ect assorts of questions that to be fair should have already been on his claim. Then they said they would assess the claim then contact me to ask who I wanted it paid to or where I wanted it to go. It’s so stressful I’m already suffering PTSD. I’m under the crisis team and then they say they will drag it out for the next 3 mths. They check claims before contacting the next of kin so why on earth does it take them so long. I don’t even want the money I just want this nightmare to be over. I’m just sat thinking about how terrible things were for him for the years leading up to his death he couldn’t afford heating he couldn’t afford to eat he was beside himself thinking he was going to lose his home. It was dreadful. He last coherent words to me at least they can’t evict me when I’m 6ft under. It’s driving me crazy then I’ve got the added pressure of trying to find my two siblings to give them the money so I don’t get in trouble for me having it. It just seems so very wrong he should have enjoyed his last few months of life but thanks to the DWP he died destitute and afraid. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'm so sorry to hear just how stressful this is for you. Unfortunately,when people are claiming Contributions based benefits because they are not means tested then DWP wouldn't know everything regarding their circumstances because it's not relevant to contributions based benefits because they are not means tested.

    The 3 month timescale you've been given is just a guide. As you can imagine there's 1000's of people that DWP have to assess regarding this underpayment and sadly that causes huge backlogs. There are others who've posted on here where they've been contacted after relatives have passed away and some of them have had decision's quite quickly and i hope that you are one of them.

    Once they assess his claim and a decision's been made they will send a decision letter to you.
    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.
  • milkybarkidmilkybarkid Member Posts: 10 Listener
    Thank you for your reply I’m just still so raw over losing him. I’d like to just donate the money straight from them to the local hospice do you know if they would allow me to do this? I can’t take the money it’s not right what he went through without it and me gain from it. The local hospice helps terminally ill people and also allows parents to stay with their babies after a still birth (babies in a cold cot) I think my dad would have liked this because I lost a baby the same way and we were given the gift of spending a few nights with her. It would make the world of difference to a terminally ill patient or a family the same as us. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You're very welcome.

    If the decision is that he's owed money then i think to donate to your local hospice is a truly wonderfully sweet idea. Yes, you would certainly be allowed to do this, as you are his next of kin and it will be your choice what you do with any money he's owed, if he's owed anything.

    Once you receive a decision if he's owed money then i'd advise you to contact the hospice you wish to donate the money to and they will tell you how to do this.
    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.
  • milkybarkidmilkybarkid Member Posts: 10 Listener
    If they will allow it that’s what I’m going to do. He should get a back payment as he was seriously ill and in the end terminally ill. I know in my heart he would have definitely agreed to the money going there and hopefully it will make someone’s life a little better. Thankyou for putting up with me moaning it’s very kind of you. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You are definitely not moaning, I'm one of the community champion's here on scope and i'm here to help and advise others and we are here for times like this for anyone that needs help, support and advice.

    Please be aware that even though your dad was seriously ill this wouldn't have automatically entitled him to receive any extra money. It will totally depend on his circumstances during the dates they are assessing him for. Some people have been owed money and some people haven't been owed anything.

    If he is one of the ones that's owed money then you will receive everything he's owed.
    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.
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,924

    Scope community team

    Hi @milkybarkid, I just wanted to say welcome and express how sorry I am to hear how difficult you've been finding all this. Your idea of donating to a hospice is absolutely lovely, if that's something you want to do. :smile:
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey
  • milkybarkidmilkybarkid Member Posts: 10 Listener
    It’s definitely what I want to do, when I spoke to them on the phone they said it looks like he did qualify for the back dated payments. She also said they don’t normally contact the next of kin at this stage in the case unless they believe they should have been on income related. Hopefully something good will come from something that was so bad. It may not help many families but even one is better than none. 
  • milkybarkidmilkybarkid Member Posts: 10 Listener
    Hi sorry to bother everyone again... I received a letter for my bank details it also asked a load of stupid questions. One of which is why do you think you can claim this payment ( or words to that effect I can’t remember the exact wording) which seems stupid they contacted me saying because I’m next of kin I’m the beneficiary. This has got me worried now as I didn’t contact them to begin with. I feel like they’re asking me to justify why I want it like it’s me that contacted them. Other questions like hospital stays ect.... we are talking two blinking years ago I can’t remember exact dates I just remember it was about two weeks before he died he went in. Then also asking if someone els has claim to the money. This is driving me nuts why contact me tell me I’m the beneficiary then send all this nonsense. I’m terrified I’m going to get into trouble some how. Like I’ve mentioned before about my siblings I don’t see or talk to them should I have put them down as well? I’ve sent the letter back now I really wish I hadn’t I really don’t need this. As far as I was concerned they led me to believe I was the person entitled to claim it. Now I’m thinking this may not be the case. I’m so frustrated by the fact my dad didn’t make a will and stipulate what was to happen. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'm sorry this is causing you great stress. Even though they were the ones that contacted you they still need to ask you those extra questions. If you can't remember the exact dates of the hospital stay then just tell then what you remember, if it was just 2 weeks then this wouldn't affect any money he's owed.

    As for the other questions just answer them to the best of your ability. You won't get into any trouble and i'm not sure why you think you would.
    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.
  • milkybarkidmilkybarkid Member Posts: 10 Listener
    Because I’ve said on the form I want the owed payment to be paid direct to the hospice what worry’s me is 1, I thought they were  insinuating I’d chased it. 2, that because I’ve asked for it to be donated I’ll get in trouble if I’m not the beneficiary as they say I was and I shouldn’t have been asked for it to be donated. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It's very unlikely they will pay it straight to the hospice, it will be paid to you and then you'll will have to donate it yourself. Once you receive it, it's your decision what you do with it. The questions they asked you are just standard questions.
    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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