Remaining politically neutral during General Election 2024


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Soapkate
Soapkate Community member Posts: 18 Connected
Hi all, I would like to enquire about a thread: ESA income related top up...Please help!! - Page 2 — Scope | Disability forum generated by @robdx who was trying to get a EDP on his ESA paid and backdated to 2016. He was successful in getting the payment awarded but he was still awaiting a decision on the backdate.  The thread stopped and I am hoping @robdx might be able to send an update?

I have a client in exact same situation and it would be good to hear of Robdx's outcome as it would be interesting for comparison. 

Also I'm trying to clarify, should my client now request a backdated supersession via ESA3? Or can I just write a letter to ESA on her behalf?

Any thoughts or comments welcome :)

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  • poppy123456
    poppy123456 Community member Posts: 57,145 Disability Gamechanger
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    Firstly, which ESA are they claiming? If it's New style ESA then this is a contributions based benefit only and there's no disability premiums payable on this.
    If they are claiming the old contributions based then they will need to contact ESA to ask them to assess them for the income related and they will send them the ESA3 form.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
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    You need to be clear.
    i) You are receiving the old type of ESA (not new style ESA) and are receiving a contribution based payment only but believe there is income based entitlement then an ESA 3 will be needed, or
    ii) There is old style income based ESA being paid but the EDP is missing in which ESA simply needs be asked about that. EDP is payable if the claimant is in the Support Group and/or receives a high rate care DLA or enhanced rate Daily Living PIP. 
    The ESA3 simply collects financial information so it is not relevant in the second case.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Soapkate
    Soapkate Community member Posts: 18 Connected
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    Thanks  @poppy123456 and @calcotti.    I can confirm it's old-style ESA my client has been on since 2012.  They live alone and get housing benefit.  They were previously working before claiming ESA.  They went into the support group and have never had their ESA reviewed. 

    My question really is, should they have been assessed for income-based entitlement as well as conts-based, at the start of their claim?  Because IMO they had an entitlement to both.   Was a client supposed to specifically request an assessment for income-based ESA, as part of their conts-based claim?  And at what stage of the claim?  Or was the DWP meant to do that without the client having to do anything ?

    I realise we are talking about a legacy benefit which it's not possible to make a new claim for now. 


  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited November 2022
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    Soapkate said:
    ..should they have been assessed for income-based entitlement as well as conts-based, at the start of their claim?  
    I can't remember exactly how the questions were asked on the old ESA1 form but I think that they should have automatically been assessed for both unless they specifically asked not to be. A claim for old ESA was, by default, a claim for both.

    How much are they receiving?
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Soapkate
    Soapkate Community member Posts: 18 Connected
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    Hi @calcotti  she gets £117 per week.  
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
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    Soapkate said:
    Hi @calcotti  she gets £117 per week.  
    Which therefore looks to be CB ESA only. Contact ESA and ask for her to be assessed for IB ESA and they should then issue an ESA3 for completion and return.

    (I am assuming she doesn't have other income or capital over £6,000 which could be wiping out the EDP.)
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Soapkate
    Soapkate Community member Posts: 18 Connected
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    Hi @calcotti, okay so in your opinion/experience should she get the EDP backdated to the start of her claim in 2012?
  • poppy123456
    poppy123456 Community member Posts: 57,145 Disability Gamechanger
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    Soapkate said:
    Hi @calcotti, okay so in your opinion/experience should she get the EDP backdated to the start of her claim in 2012?

    If they were entitled then yes.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Soapkate
    Soapkate Community member Posts: 18 Connected
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    @calcotti   thanks     i would like to check one more thing please?

    I have done a Subject Access Request to DWP for all the paperwork relating to this claim.  If I can show that an incorrect decision was made not to award EDP  then should I be asking for an Anytime Revision to challenge that decision  - rather than getting the client to do an ESA3 form?

    I'm trying to clarify if an incorrect decision was made-   or could it be the case that no decision was made at all because there was no assessment done for income -based ESA when there should have been?

    Hope I'm not over complicating things. /


  • poppy123456
    poppy123456 Community member Posts: 57,145 Disability Gamechanger
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    They will just need to contact ESA and ask them to send out the ESA3 form and this will then allow DWP to assess them for the income Related top up. Without filling out that form they can't be assessed for the top up.
    You didn't really need the SAR at this stage.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Soapkate
    Soapkate Community member Posts: 18 Connected
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    @poppy123456  okay, thanks for that.
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,981 Disability Gamechanger
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    You are welcome @Soapkate. It is the very least you deserve.

    Please don't hesitate to let us know if we can do anything else to support you. We are all here for you and listening to you  :)
    Community Volunteer Adviser with professional knowledge of education, special educational needs and disabilities and EHCP's. Pronouns: She/her. 

    Please note: if I use the online community outside of its hours of administration, I am doing so in a personal capacity only.
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