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ESA Underpayment.

BlueyezBlueyez Member Posts: 7 Listener
in Employment and Support Allowance (ESA)
Hello there. I am a little confused by who is and isn't going to be entitled to back payment of underpaid ESA. I understand it is mainly those migrated from IB to ESA, but I was put onto ESA from Income Support back in 2009. I was given contribution based ESA for the first year. Am I correct in thinking that because I was moved from Income Support and my/our only income was from that, then I should have instead received Income Based ESA and may therefore be entitled to some back payment?
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Replies

  • poppy123456poppy123456 Member Posts: 23,110 Disability Gamechanger
    Hi,

    You say "our" do you live with a partner that works? or are you claiming ESA as a couple?
    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.
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  • BlueyezBlueyez Member Posts: 7 Listener
    Hi, I have a partner who does not work and we were claiming as a couple.
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  • poppy123456poppy123456 Member Posts: 23,110 Disability Gamechanger
    As you're claiming as a couple, if you've always claimed as a couple then it will have always been Income Related that you've claimed. You can't claimed Contributions based as a couple, it's always Income Related, therefore there's no backdated money owed to you. Income Support isn't income, it's a means tested benefit.
    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.
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  • BlueyezBlueyez Member Posts: 7 Listener
    That's really odd. I know I was on contribution based for the first year as I distinctly remember getting the letter telling me I was to be moved to Income based because I could only get CB for 365 days. I remember it well as I had to find money for prescriptions etc as they weren't free with CB. It was only in my name, so could it be that it was a claim for me with an allowance for a dependent. I wonder?
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  • poppy123456poppy123456 Member Posts: 23,110 Disability Gamechanger
    An allowance for a dependent? Your partner isn't your dependent they are your partner.
    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.
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  • poppy123456poppy123456 Member Posts: 23,110 Disability Gamechanger
    If you've always been in the Support Group, those that do claim ESA contributions based in the Support Group then its paid for as long as you remain in the group. It's not time limited to 365 days, like it is if you're in the WRAG.
    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.
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  • BlueyezBlueyez Member Posts: 7 Listener
    edited October 2018
    I take it that if you claim as a couple then it is only in one person's name? I claim ESA in my name only currently and my Wife isn't named on the award. I've always been in the WRAG.
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  • poppy123456poppy123456 Member Posts: 23,110 Disability Gamechanger
    Yes because you're the claimant and not your partner. If you don't mind me asking how much per week do you receive for ESA?
    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.
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  • BlueyezBlueyez Member Posts: 7 Listener
    Approximately £143.
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  • poppy123456poppy123456 Member Posts: 23,110 Disability Gamechanger
    That's ESA WRAG couple rate. £114.85 ESA couples rate and £29.05 for being in the WRAG.

    Do you claim PIP or DLA? If so what award do you have?
    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.
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  • BlueyezBlueyez Member Posts: 7 Listener
    No. My Wife was on PIP, but is currently appealing a zero point decision. At the time In question when I was moved from IS to ESA, neither of us claimed DLA.

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  • poppy123456poppy123456 Member Posts: 23,110 Disability Gamechanger
    You would have only been entitled to the Enhanced disability premium couples rate on your ESA if she was claiming the Enhanced daily living PIP. This premium isn't automatically paid to those in the WRAG.

    Seems to me like you've been claiming the correct money since you moved to ESA. If there's any doubt then DWP will contact you but mostly it's aimed at the who transferred from IB.
    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.
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  • BlueyezBlueyez Member Posts: 7 Listener
    Thanks for that, I was unsure exactly what this covered and the confusion came from being on the contribution based one for a time. Happy it's clarified.
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