Employment and Support Allowance (ESA)
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Would I be considered for backpay?

Peter12345Peter12345 Member Posts: 55 Courageous
Hello,  Hope you can help me. 
I am just wondering if I would be considered for back pay. 

I had been claiming incapacity benefit for around 20yrs and then to this day I have been in the  Esa support group.
 I receive a company pension due to an Industrial accident in 1995.  The sum is £ 340 now .. I have been receiving this pension each month.. When I started to receive it 20 years it was around  £180. 
So the million dollar question is..  
Could I be eligible for being assessed for income based esa ? 
And of course any underpayment  ? 


Replies

  • Liam_AlumniLiam_Alumni Scope alumni Posts: 1,113 Pioneering

    Is this regarding the ESA underpayments announced recently? If so, the Government has published a document on the ESA underpayments which might be of interest to you. They say: 

    "Largely between January 2011 and October 2014 some people receiving Incapacity Benefit and Severe Disablement Allowance had their claims converted to contributory ESA. However, the possibility of whether they may also have been entitled to income-related ESA was not considered for all cases. This means they may have missed out on the payment of premiums, such as the Enhanced Disability Premium. 
     
    "The Department is in the process of reviewing around 570,000 ESA cases that could be affected. It expects to complete the checking of 320,000 cases during 2018/19. The additional 250,000 cases, brought into scope by the Secretary of State’s announcement in July 2018 to pay all cases back to the point of conversion, are planned to be completed by the end of 2019." 

    I hope this helps. Do let us know if you have any other questions!

    Liam
  • Peter12345Peter12345 Member Posts: 55 Courageous
    Hi Liam and thank you for the reply   😊

    To be more specific I am just wondering what the DWP's criteria is on deciding whom should be on  income based and or contribution based ESA?
    I myself get a small company pension.
    So would that have bearing on this matter  ? 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    Your pension will be counted as income £1 for £1 for the income related top up on ESA, so based on your information above then you wouldn't be entitled to any top up on your ESA because the premium on top of the ESA this year is £16.40 per week, less in previous years. Your pension is more than this per week.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • Peter12345Peter12345 Member Posts: 55 Courageous
    Hi Poppy,    thank you for the message.  
    I really do appreciate you getting back to me. 
    Thanks again,  Pete 12345
  • crystalrose5crystalrose5 Member Posts: 4 Listener
    edited October 2018
    hi i am michael.and i really could do with some help as i have been put through hell by the DWP.they took me off of incapacity benefit some years back 2011 onwards put me on ESA i was then sent for an assessment where they said i was fit fir work and made me sign on jobseekers though i was in chronic pain so i appealed against there decision i won my appeal and the judge and doctor has recomended that i am not to be reassessed for two years due to my failing health that is muscoskeletal disease C.O.P.D.angina arterial disease claudication in my legs and i am on lots of strong medication morphine based tablets i live alone and have nobody to talk to i believe that i am in line for backpay by the DWP the took me of incapacity benefit and i was put on contribution based ESA allowance.i have all my letters of proof but i need someone to talk to for help please you may ring me on [removed by moderator]
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited October 2018
    @crystalrose5 Please remove your personal contact details. This is a public forum and adding your own personal details is against forum rules and protects yourself from others. I am reporting your post just in case you don't see this, so that the scope team can remove those details.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,730 Disability Gamechanger
    Hi @crystalrose5
    Please do not share your phone number or personal details on the community. You can learn a bit more about online safety here.
    Scope
    Senior online community officer
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