Dwp transferred my incapacity benefit to ESA contribution based but did not automatically apply sdp?

Diva50

I had a ESA3 form sent to me in 2018 saying an error had accured and some incapacity transfers to ESA were wrongly assessed.
My mother was terminal I'll at the time and I never filled in the form.
I rang Dwp they have sent me another ESA form but will not look into my claim unless I fill in form the form does not relate to what the error was which was about sdp not being automatically applied plus I am on contribution based support group which means I can't claim UC  ?
Please advise should I ask in writing to DWP for a revision? Or start a UC claim hoping this can be changed and any money owed backdated as I am unable to fill out the form ESA as this is not related to the problem Help is appreciated I can send a link to the Gov document about the Dwp error that happened as some claimants have received backdated benefit 

janer1967

Hi From what I understand all the claimants who had this as a possible error are being sent the form to complete and then they will review and make a decision. So I think you do have to complete the form for it to be looked at /

woodbine

The error made on some claims which the DWP are/have investigated was that some ESA claimants only received cont. based when they should have had an income related top up. SDP has never been automatically applied, but if you do qualify for SDP then you can't change to UC.

mikehughescq

You need to complete the form. Being in the support group has nothing to do with this and certainly doesn’t prevent a claim to UC. You absolutely do not claim UC if you’re trying to fix SDP for a past period unless you get advice from a welfare rights adviser local to you about your specific circumstances. UC remains largely a lobster pot. Once you’re in it’s near impossible to get out so don’t make that leap without advice. 

This is an area I’m very familiar with as I’m the guy who took a case, which technically lost for un-related reasons, but which established for the first time that a claim to ESA was a claim to both types. Another service found a case where the claimant would benefit from that principle and that created the case law which triggered the campaign you refer to above where DWP had to trawl through thousands of cases but... it started with me

If you wanted to be really picky (or accurate) the client actually belonged to one of my staff but I picked it up and ran with it after they left and it was my gamble on one element of it which started off the whole shebang

Adrian_Scope

Hi @Diva50. Just to reiterate Mike's point, claiming UC is not going to benefit your situation and can complicate trying to fix the missing SDP. 
Is the form they've sent another ESA3 form?

dervallass

Hi
My Brother is in the same position as this lady, only he never did receive the  ESA3 form.   I made a claim for the 2 disability premiums(SDP & Enhanced) he should have been receiving but didn't due to the change from incapacity  error from 2015ish. That was  6/7 weeks ago, when I realised how little he was having to live on and why he had no heating on etc.  It has taken so long as they "lost " his form  and he had to raise a complaint after 3 callbacks promised didn't happen. So,,, he got a decision yesterday that yes  he should have had this payment, but they will only back date to 2018 as they are saying he had been sent a form in 2018 and didn't return, my brother states no such form was received.  I was sure a reminder letter was usually sent for any forms they send out that do not get returned within a certain period?
Should he appeal or is there any other form of recourse? Has this happened to anyone else?
Thanks in advance,

poppy123456

@dervallass hi and welcome,

Reminders are sent for some forms like the work capability assessment forms and PIP2 but i'm not sure they would send reminders for the ESA3 form.

Regardless of that if they owe the money then they should pay what's owed. To be entitled to the SDP from before 2018 then he must have been claiming either PIP daily living or DLA mid/high rate care. No one must have been claiming carers allowance or the carers element of UC for looking after him and he must have have been living alone, or classed as living alone.

For the enhanced disability premium then this is automatically paid when claiming Income Related ESA in the Support Group.

To appeal the decision he must first request the Mandatory reconsideration (MR) then Tribunal comes after this.