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Underpaid ESA enhanced disability premium
Luv44
Member Posts: 17 Connected
I’m also one of the people that has been underpaid ESA enhanced disability premium since 2013.. I’ve always been in the support group of esa..
my story so far..
I received a letter from DWP and thought here we go again.. it asked if my circumstances had changed since 2013 and they haven’t so I didn’t need to do anything with this letter.. it said I could contact them if needed.. so I did..
basically the man I spoke to said they would send an Esa3 form for me to fill in or I could do it on the phone with him which would take approx 20 mins.. so I did..
( saves registering it and posting it back)
A lot of questions ... do I have stocks and shares, property abroad, and pensions... as if ....
a lot of the questions didn’t apply to me..
He said that the information I’d given him would be passed on to the processing dept and I should hear within 12 wks by letter if I
have any underpayments due..
Which I most definitely will after their **** up which has denied people of their entitled benefit.. I will keep you all updated
my story so far..
I received a letter from DWP and thought here we go again.. it asked if my circumstances had changed since 2013 and they haven’t so I didn’t need to do anything with this letter.. it said I could contact them if needed.. so I did..
basically the man I spoke to said they would send an Esa3 form for me to fill in or I could do it on the phone with him which would take approx 20 mins.. so I did..
( saves registering it and posting it back)
A lot of questions ... do I have stocks and shares, property abroad, and pensions... as if ....
a lot of the questions didn’t apply to me..
He said that the information I’d given him would be passed on to the processing dept and I should hear within 12 wks by letter if I
have any underpayments due..
Which I most definitely will after their **** up which has denied people of their entitled benefit.. I will keep you all updated
Replies
Long story short, after the ESA3 was sorted they received a letter saying they are going to look into any arrears due from 2013 - 2018 and then a few weeks later the DWP decided to say because of some law they could only pay back arrears from October 2014 when there was no mention of this in any of their letters/phone calls about the arrears. Because of this "law" the person I am helping has lost out on about £5000 of arrears that they were entitled to all along because of an error the DWP made when they were transferred to ESA in 2013.
Good luck and I hope you are one of the people who will receive the full arrears and not just from Oct 2014. It seems even though this is a "law" they are still picking and choosing who they apply it to, which doesnt make sense and in my opinion proves to me that they are just being unfair and underhanded.
There's an ongoing battle to get the DWP to accept it has to go back further. Not successful so far. The latest advice from CPAG (Child Poverty Action Group) is to wait & see what happens. That's because there is a legal challenge which might end up with the DWP having to give in on the date they are willing to go back to. We'll have to see.
I really hope that the DWP will end up having to pay up. As you both say, it was their error.
Will
so I actually waited 3 wks from having filled in esa3 form by telephone conversation with Dwp on 1/6/18.. they did say it could take 12wks.. very surprised..
A brown envelope arrived the next day telling me that my esa underpayment was backdated to 21/10/14..
i actually transferred from incapacity benefit to esa support group in July 2013..
but because of that court ruling 21/10/14 they still owe me 15months enhanced disability premium which they say they can’t pay me because of that court ruling 😡. . If the shoe was on the other foot and I owed them money they would expect it all back!!!!
The DWP knew the error existed yet chose to sit on their grubby little hands.. Now it’s drafting in extra staff at a cost of millions to put this right 😡
We decided not to bother and then a few days after the 1 month deadline for an MR I see the news about the CPAG case and that the DWP will now pay arrears from prior to October 2014. Great news!
I wonder if we need to just wait to hear from the DWP about them now paying up the arrears from date of transfer to October 2014? Or should we contact them? (I understand it's only very early days since the DWP's decision to pay full arrears so need to be patient).
The person I am helping, had the arrears from October 2014 - 2018 paid into their bank in June 2018 so that's all been sorted about a month ago. The DWP didn't make contact with them initially about the ESA IR arrears, I read about it online and phoned on behalf of them and asked to be sent an ESA3 form, so I wonder if I'll have to do the same (contact them first) for them to sort out the arrears from before October 2014.
I won't go into detail about it, but after the ESA3 was completed and the case (backdating arrears) forwarded to the correct department let's just say the way it was handled was a complete joke. I was glad for it to be over with, even though it meant they missed out on thousands of pounds in arrears due to the October 2014 law. So unfortunately the thought of having to deal with them again re the new DWP decision doesn't fill me with confidence that they won't mess up again.
We decided not to bother and then a few days after the 1 month deadline for an MR I see the news about the CPAG case and that the DWP will now pay arrears from prior to October 2014. Great news!
I wonder if we need to just wait to hear from the DWP about them now paying up the arrears from date of transfer to October 2014? Or should we contact them? I understand it's only very early days since the DWP's decision to pay full arrears so need to be patient.
The person I am helping had the arrears from October 2014 - 2018 paid into their bank in June so that part of the arrears has all been sorted. The DWP didn't make contact with them initially about the ESA IR arrears, I read about it online and phoned on behalf of them and asked to be sent an ESA3 form, so I wonder if I'll have to do the same (contact them first) for them to sort out the arrears from before October 2014.
I was underpaid the Enhanced Disabilty Premium on conversion from Incapacity Benefit to ESA support group July 2013.I never knew this premium existed !!
i received backdated EDP from 21/10/14 to now..
Since the DWP have decided they will now backdate to 2011 I am due payments from July 2013.
I havent made contact with the DWP about it yet.. I’ve read somewhere that anyone who has received payment so far ( which is me) will automatically get their full entitlement in due course.. I will give them 4 wks then il be chasing them up on this matter..
look up DWP u turn on the internet and it explains things a bit better than my rambling on lol
It all happened a lot quicker than I expected, I thought it wasn't going to be heard until October but just glad it's all sorted now and they will backdate arrears from date of transfer.
Yes I think I will do the same as you, give them 4 weeks and if they haven't made contact I will contact them about the arrears from date of transfer to October 2014.
TK
(I am not completely clear about the difference between an official error and an error in law, but there is a difference apparently, or there would have been no need to amend the legislation).
http://www.legislation.gov.uk/uksi/2018/932/made
Gill_Scope
Hi Luv44, me again...
It's been 4 months since our previous posts and I'm just wondering if you have heard anything from the DWP yet regarding the arrears that are now owed prior to 2014?
I understand the DWP have a lot of people to go through but the claimant I help hasn't heard anything yet.
I should really chase it up as they owe me money from July 2013 to Oct 2014.. I have received backdated payments from Oct 2014 to the present..which didn’t take too long.. think I read somewhere that they are busy having to trawl through everybody’s claims yet again prior to Oct 2014 🙄🙄🙄🙄🙄🙄🙄
Seen this post and created an account to be able to let you know - I recieved a letter and esa3 form on the weekend for an underpayment for 2012 -2013 so they are looking at earlier dates now - hopefully you all hear about any underpayment you are all due soon x
Scope
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i received this this form today, anything from DWP makes me uneasy. Is it worth filling in? My dates were August 2012 up to the date of the form 16/04/2019. I get enhanced rate mobility And daily living on pip. My husband and I receive income support. I was not allowed into the support group after the migration and had a year on contributions ESA, which the visiting doc thought was crazy. Unsure why it’s going to present day. Anyone have a clue what I’d be entitled to? My stress levels are high, my conditions progressive and if not worth anything not worth the stress to get help with the forms.
Thank all
Thank you , what sort of payouts are people getting if eligible? If I do get a back dated premium would it be the single person or couple? The claim was in just my name as it was migrating although they were perfectly aware I was married.
Thank you you once again