How to ask for an old (& closed) ESA IR to be looked at again following a PIP MM Judgement decision

Leanne66
Leanne66 Online Community Member Posts: 4 Listener
in Employment and Support Allowance (ESA)

Good morning,

I'd like to ask how I would go about asking for an old ESA IR (closed claim) to be 'looked at again' please? My son's PIP award was recently changed due to the MM Social Support Judgement and the addition of the points means Daily Care (Standard Rate) has been awarded back from 2017. Back in 2017 he was also receiving ESA IR and living alone but missed out on the SDP because at the time PIP Daily Care wasn't in payment as he was 2 points short.

So now with this PIP error of law corrected I'd like to ask ESA if it's possible for them to 'review' his old ESA award (which closed in 2019 when he started work) but I'm not sure which 'please look again' route I should be taking.

If anyone could advise me how to do it I would be very grateful.

Thank you,

Leanne.

Comments

  • Kimi87
    Kimi87 Online Community Member Posts: 5,654 Championing

    You would need to phone ESA on 0800 169 0310.

  • Leanne66
    Leanne66 Online Community Member Posts: 4 Listener

    Thank you Kimi, I'll make a note of that number.

    I'm thinking though that I'm probably going to have to make some sort of 'formal request' in writing and that because it's not straightforward the call agent may not know which type of 'review' I need to ask for.

    Leanne.

  • Kimi87
    Kimi87 Online Community Member Posts: 5,654 Championing
    edited May 19

    All you need to say is due to an error of law a PIP award was recently backdated to 2017, this makes him eligible for Severe Disability Premium from 2017-2019, and you need to apply for this.

    I believe the form is IS10 and it can possibly done over the phone.

  • chiarieds
    chiarieds Online Community Member Posts: 16,850 Championing
    edited May 19

    Hi @Leanne66 - have you tried to find a Welfare Rights Office to help with requesting a ?change of circumstances to backdate SDP for your son in the relevant years following this MM decision?

    You could try here to find one if not: https://advicefinder.turn2us.org.uk/

    or a Law centre: https://www.lawcentres.org.uk/get-help

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