Backdated esa

pablohernandez

I hope someone can give me some advice. About 4 months ago I received a letter asking me to have a telephone interview and a gentleman told me I was in a list of people who were owed backdated esa and he was sending me a form to fill in . Since 2013 the date of my original claim I have only been getting cont, based esa with support group component. ( I was not migrated over from IB )
in 2018 my pip award went up to high rate care so I rang dwp who said he knew nothing of top up/premiums and the only thing he could do was send me a form to cancel my cont. based claim and start a new IR based claim . Needless to say I did not fill the form in. The dwp decision maker has now refused to back date my claim  from either 2013 or 2018. 

I have since found a copy of my original claim form from 2013 that the dwp sent me which states I applied for both cont. and IR esa so should I have received enhanced premium ? The decision maker has also said that it’s my fault they wont backdate for severe premium  from 2018 as I didn’t send the form they sent me back to them to claim the premiums but I didn’t send it back as they had just told me I couldn’t get premiums!  I am so confused ? 

pablohernandez

Just to add to above post / live alone, no savings no one claiming carers. 

calcotti

pablohernandez said:.. I rang dwp who said he knew nothing of top up/premiums and the only thing he could do was send me a form to cancel my cont. based claim and start a new IR based claim . ..

That is not correct. The form (probably an ESA3) would be to collect information about your finances to see if you were eligible for income based ESA in addition to your contribution based ESA. It would not have ended the contribution based ESA.
If you think you were mislead by DWP which resulted in you not returning the form you can make a complaint.

pablohernandez

Thank you for your reply. On the letter they sent explaining that I am entitled to the enhanced and severe premiums but only from June they have stated the reason why my claim has been looked at again is a change in savings. There has been no change in my savings! The reason my claim has been looked at is because I was telephoned to say I was owed back dated esa!  How they can say I’ve had a change in savings is beyond me !

pablohernandez

I had applied for C & IR ESA in 2013 but they ignored the IR part, if they had correctly given me IR at that point they would not have needed to send me the form 3 in 2018 to see if I was entitled to IR ESA as I had been since 2013 ! 

pablohernandez

please could anyone tell me if you’re supposed to get a premium when you’re put in the support group ?

poppy123456

pablohernandez said:

please could anyone tell me if you’re supposed to get a premium when you’re put in the support group ?

The disability premiums are means tested so it will depend on your circumstances. As calcotti has previously advised...

calcotti said:

pablohernandez said:.. I rang dwp who said he knew nothing of top up/premiums and the only thing he could do was send me a form to cancel my cont. based claim and start a new IR based claim . ..

If you think you were mislead by DWP which resulted in you not returning the form you can make a complaint.

pablohernandez

I did also post all my circumstances I just thought at last I might have found someone who can tell me what’s what before my mandatory reconsideration but I’m sure I’ll find it somewhere else. Thank you 

poppy123456

If you live alone, you don’t claim any pension, you have no savings, then you should be entitled to the income related top up. (disability premiums) if no one claims carers allowance or carers element of Universal Credit for looking after you, then you will also be entitled to SDP so request the MR if they refuse to back date it, as advised.