Underpaid ESA

Charliewillis

I have a dispute with DWP over my underpaid IR ESA,they are telling me I was placed on ESA cb on 2012 from long term Incapacity Benefit and they stopped my DLA in 2010 which was a shock to me because I have never claimed DLA in my life they are adamant that this is correct,I was put on ESA cb in late 2008 or early 2009 and they say I am wrong,where do I stand in this situation and wrong information from the DWP any advice would be greatly appreciated.!

thespiceman

Hello @Charliewillis    Pleased to meet you.

Thank you for joining and sharing.

I am one of the team of Community Champions.  We guide, advise and help, support members of our community.

Please can I inform you we have a member of our Community Champions Team who has expertise, knowledge on anything benefit queries.

@poppy123456 have tagged the lady now will be in touch shortly.

Please if there is anything else.

Please ask we a friendly community. Offer compassion, empathy and sensitivity .

Please take care.

@thespiceman

poppy123456

HI and welcome,

I'm one of the community champions here on scope. You can request any information held about you from DWP by requesting your personal information here, see link. https://www.gov.uk/guidance/request-your-personal-information-from-the-department-for-work-and-pensions#if-you-need-a-copy-of-any-other-information-that-dwp-holds-about-you

Charliewillis

Hi Spiceman and Poppy 123456 I will contact them in that forum next week while I wait for a letter from them  for a mandatory review of my rejection of their report on my benefit claim of underpaid ir ESA thank you for your quick response 😊

poppy123456

Just so that you're aware if your claim for ESA did start in 2008/2009 then you won't receive backdated money that far back, unfortunately. They are only paying from 2011.

Charliewillis

Hi Poppy 123456, in reply to your reply to me,I am fighting this situation because in October 2018 the Secretary of State announced that all related cases should be backdated to their date of converse to ESA cb from long term Incapacity Benefit I am one of them,my benefit should have been brought back to what I was getting on long term IB so that I and others were not getting less than we were previously,thank for your reply,I am going to fight this 😠

poppy123456

Charliewillis said:

Hi Poppy 123456, in reply to your reply to me,I am fighting this situation because in October 2018 the Secretary of State announced that all related cases should be backdated to their date of converse to ESA cb from long term Incapacity Benefit I am one of them,my benefit should have been brought back to what I was getting on long term IB so that I and others were not getting less than we were previously,thank for your reply,I am going to fight this 😠

Despite all my benefit knowledge and it's quite extensive, i've never heard of this announcement before. Do you have a link for that announcement please? i'd be very interested to have a read.

Charliewillis

Hi Poppy 123456 I have it in my saved page but cannot share it,try googling this,Secretary of State UK announces in October 2018 that all underpaid ESA should be paid back to date of converse hope you are able to see it,not a lot of people know about this,the DWP are saying I was on DLA and they stopped it in 2010,  Poppy 124456 I have never claimed DLA in my life, something is not right the way they are lying to me,thank you for your reply 😊

Charliewillis

[Personal information removed by moderator]

Ami2301

@Charliewillis the community rules advises members to not share personal details such as email addresses. Please could you edit your reply and remove your email, thank you

poppy123456

@Charliewillis please edit your comment above and remove your email address. This is against scope rules and they do not allow sharing of personal details for safety reasons.

poppy123456

There's nothing that has been put into place regarding backdating money for the IB to ESA underpayments any further than November 2011.

Regarding the DLA confusion, even if you were claiming DLA and it did end in 2010 it's not counted as income because it's not means tested.

Whether you are entitled to any backdated money from November 2011 will totally depend on your circumstances at that time. For example, which group you were placed into, whether you had transitional support protection when you moved across, savings/capital, income from living with a partner that worked or claimed any other benefits, Income from pensions. Extremely difficult to give any further advice without seeing all your paper work and knowing all of your exact circumstances at that time.

My advice is to take all of your paper work and speak to an advice agency near you.

Charliewillis

I have it saved what the Secretary of State announced in October 2018 all underpaid ESA must be paid back to date of converse,I must apologise for posting personal data,I am so angry at this lot making me out a liar,I will take all my paper work to CAB next week and try and get to the bottom if this, thank you for your reply.

Charliewillis

Google this,employment support allowance underpayments faq

poppy123456

Yes, i googled it but there's nothing in place as yet that DWP will be doing this and no one is being backdated any further than November 2011.

poppy123456

Just add further information the transfer from IB to ESA didn't start until March 2011. See link. https://www.gov.uk/government/publications/esa-underpayments-forecast-numbers-affected-forecast-expenditure-and-progress-on-checking/may-2019-esa-underpayments-progress-on-checking

There's nothing on google to read regarding any announcement from the secretary of state, all i found were images.

Charliewillis

Hi Poppy 123456, I have found the information I was taking about regarding the Secretary of States statement to backdate payments to date of converse just Google this----- ESA underpaid update 2020 ( its all on there) 

poppy123456

Charliewillis said:

Hi Poppy 123456, I have found the information I was taking about regarding the Secretary of States statement to backdate payments to date of converse just Google this----- ESA underpaid update 2020 ( its all on there) 

Sorry but i have no idea exactly what it is you're reading but even googling what you asked me to i'm afraid i simply can't find it. All i found was this, which does state that even though ESA was introduced in 2008, it wasn't until 2011 that people started moving across from IB. https://www.gov.uk/government/publications/esa-underpayments-progress-on-checking-january-2020/january-2020-esa-underpayments-forecast-numbers-affected-forecast-expenditure-and-progress-on-checking

poppy123456

I'd be happy to private message you and then you can send me the link, i'll take a look when i have some time. Just let me know if you'd like me to do that.  As you haven't made 25 posts yet you can't start a private message  but someone can PM you and you can reply.

Charliewillis

Hi Poppy 123456 if you go back into that link you sent me scroll to the section progress on checking cases you will see it near the top of that section,thank for your reply 

poppy123456

I'm sorry but i've read the whole of that link i have no idea what exactly it is you're reading here but as i stated a few times, they are only backdating to 2011.

poppy123456

Ok, having found some information your views on the "date of conversion" is what's confusing you here. People didn't start transferring across to ESA from IB until 2011, this means that backdated money is only being paid back from this date.

The dates you stated that you moved across can't be correct here because the transferred hadn't started as early as that.

When the underpayments were first announced they were paying back to 2014, then some months later it was announced it would be from 2011. See link here dated July 2018. https://hansard.parliament.uk/commons/2018-07-19/debates/A7EEF60F-884F-413C-AB6C-CD1226E483D6/ESAUnderpayments

I think you should take all of your paper work to an advice agency near you for them to take a look because requesting the MR/Tribunal if you're definitely not owed any backdated money is a lot of effect and stress.

I wish you good luck.

Charliewillis

Hi Poppy, I was moved from long term Incapacity Benefit on early 2009, I have been onto the DWP and they have confirmed this but,I had a lodger staying with me and they are disputing that the lodger was my partner,there is a lot of confusion over this,I am waiting on a form from them for me to fill in and explain that she is not my partner then they will look at my case again,hopefully get this sorted once and for all,to drop a benefit from £111-20 a week IB to £72 -10 cb ESA has been a very hard struggle for me to survive on,from this ESA I was paying part rent and part council tax and electric bills and trying to feed myself on the cheapest food available,I have lost thousands in benefit because one man did not take into consideration the hardship this would cause so many people, I am going to wait for the outcome of the form I return to them and see where I stand in this,thank you for your reply Poppy 123456.