Dwp transferred my incapacity benefit to ESA contribution based but did not automatically apply sdp? — Scope | Disability forum
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Dwp transferred my incapacity benefit to ESA contribution based but did not automatically apply sdp?

Diva50
Diva50 Member Posts: 2 Listener
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 

Comments

  • janer1967
    janer1967 Member Posts: 16,513 Disability Gamechanger
    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
    woodbine Member, Community Co-Production Group Posts: 7,773 Disability Gamechanger
    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.
    Be extra nice to new members.
  • Adrian_Scope
    Adrian_Scope Posts: 8,577 Scope online community team
    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?
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  • dervallass
    dervallass Member Posts: 1 Listener
    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
    poppy123456 Member Posts: 31,422 Disability Gamechanger
    @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.

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