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Hi, my name is leepaul! ESA

leepaul

I’m due to migrate to UC and got help from CA , I came to light that I was untitled to server disability primeum

I got in touch with ESA and cut along story short I and my wife should of been getting it for years and that corrected it for us with £165 more per week and back dated it by £331

I asked if it should not be back dated a lot long and waited for the letter to say I would be getting a lump sum

No that tell me because my daughter left home 14 years ago and I did not inform them I’m not entitled to more back pay

Some advice on this would be most appropriated

Thanks in advance

Lee taylor

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Comments

Albus_Alumni

Hi there @leepaul and a warm welcome to the community.

OK that sounds like a tricky situation and unfortunately not one that'd I'd really be able to advise on, as I don't have access to all of the information.

If your daughter was down as a dependent on your ESA claim, then you'd no longer receive that allowance of money when she left home, so they'd be right in saying it would affect your backpay. But I'd be unable to say more than that I'm afraid, I do apologise.

leepaul

np albus

But thanks for the reply

chiarieds

Hi @leepaul - & welcome to the forum. @Albus_Scope isn't quite correct.

Many people don't know about the severe disability premium (SDP) & that you have to apply for it as it's not automatically added. Good that citizens Advice picked up on this for you.

If both yourself & your wife were eligible for this, & no one was getting Carer's Allowance for looking after you, nor the UC carer's element, then I'd get back in touch with Citizens Advice to pursue your claim for backdated money.

If you didn't know about the SDP, then you wouldn't have told them when your daughter left home, as you wouldn't have realised the importance of that. If CA can't help then ask ESA for a Mandatory Reconsideration about the length of time it should be backdated.

You'll have transitional protection as you migrate to UC, & any backpay you receive will be disregarded for the life of your UC claim if it's over £5k

https://www.gov.uk/disability-premiums/eligibility

https://www.legislation.gov.uk/uksi/2014/1230/regulation/10A see 10A

H2092 references these regulations in the section ''Arrears and concessionary payments of £5,000 or more'':

https://assets.publishing.service.gov.uk/media/67d982dba87d546feeda0193/admh2.pdf

Kindly let us know how you get on.

Gypsyron1

I've recently changed over to universal credit from esa I also received adult disability payment I'm wondering will my universal payments be the same amount as I was receiving a premium on esa hopefully someone can answer I'm just dreading this change I need to wait until 6 August before I know how much I'm going to get also do you still get esa for anytime after a universal claim is made

Kimi87

If your UC award is lower than legacy benefits, Transitional Protection will be added to your UC award so you aren't worse off at the time of transfer.

This does erode over time as other elements go up or new elements are added. Effectively your payment is frozen until the standard (non TP rates) catch up with your award.

After applying for UC, IR ESA ends apart from one final payment known as the run on payment. Depending on where you were in your ESA payment cycle when you applied, it isn't always for the full amount and arrives around 2 weeks later.

Any Contributions Based ESA will convert automatically into New Style ESA, and be paid at £281.10 a fortnight.

Each month £609.05 would be deducted in full from your UC award. This is the monthly equivalent of NS ESA which is a weekly benefit and there are 4.3 weeks in a month.

Gypsyron1

TThanks For the information

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