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Underpayment ?

Bek85Bek85 Member Posts: 14 Listener
in Employment and Support Allowance (ESA)
I’ve just moved over to universal credit which has made me aware of how much benefit I should be receiving. 
I have a feeling that while on ESA I was underpaid. If I’m correct is it too late to do anything about this now I’m on UC? Like too late to get it backdated. 
Is anyone very good at calculating these things, if there’s anyone that could possibly give me a rough estimate of what I should have been receiving a week I’d really appreciate it. I just want to check I’m not making a mistake. 
I was on ESA in the LCWRA group. 
Severe disability premium
and my claim started before April 3 2017 which means I should have been topped up with around £30 a week. 
I have been on pip for years so I’m exempt from the benefit cap (as far as I’m aware). 


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Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    The new rules that came out before April 2017 don't apply to those in the Support Group (LCWRA) for ESA. They only apply to those in the WRAG (LCW) group who started their claim after April 2017.
    If you were in the Support Group (LCWRA) for ESA then your weekly Income Related amount with the severe disability premium amount on top should have been as follows.

    ESA Support Group amount is £110.75
    Enhanced disability premium paid on top of Income related ESA only. £16.40
    Severe disability premium £64.30.

    Total weekly amount for a single person is £191.45 per week because the SDP is included.

    For other people reading this the ESA Income related amount if you don't qualify for SDP is £127.15 per week. The amounts stated here are for a single person claim.

    May i ask when you transferred to UC and what was your reasons why?
    Community champion and 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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  • Bek85Bek85 Member Posts: 14 Listener
    Actually it’s more than £30 a fortnight that I was missing.
    I was getting £164 a week.

    £73.10
    living expenses 

    £62.45
    extra money for being disabled
     
    £29.05
    Extra money for being in work related activity group 

    On my UC claim they say I was in LCWRA when on ESA. 

    Just realised you asked when I moved over to UC, I moved over on the 1st may 2018. 


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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Bek85 said:
    Actually it’s more than £30 a fortnight that I was missing.
    I was getting £164 a week.

    £73.10
    living expenses 

    £62.45
    extra money for being disabled
     
    £29.05
    Extra money for being in work related activity group 

    On my UC claim they say I was in LCWRA when on ESA. 

    Just realised you asked when I moved over to UC, I moved over on the 1st may 2018. 


    Yes, this is what i thought. Those amounts tell me you were in the WRAG (LCW) when you were claiming ESA. £29.05 is WRAG extra amount for those who's claims started before April 2017.
    Community champion and 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: 22,218 Disability Gamechanger
    poppy123456 said:
    Bek85 said:


    On my UC claim they say I was in LCWRA when on ESA. 

    Look again are you sure it doesn't say limited capability for work (LCW)
    Community champion and 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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  • Bek85Bek85 Member Posts: 14 Listener
    Ok so I’m being overpaid on UC? 
    My UC case manager is the one that looked into everything and said that I was in lcwra on esa. 
    She then added the lcwra element to my UC. 


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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    This element is an extra £328 per month on top of your standard allowance, is this what you receive?
    Community champion and 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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  • Bek85Bek85 Member Posts: 14 Listener
    What happened was when I moved over to UC a huge chunk of my money was lost. 
    When I asked for a breakdown of the amounts that were lost and what they were for, my case manager came back to me and said that UC had made a mistake, that when I was on ESA I was on LCWRA then she awarded me LCWRA and backdated 9 months worth of payments. 

    She even apologised for any stress caused by being short of money. Now I’m very confused. 

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  • Bek85Bek85 Member Posts: 14 Listener
    Yes on UC I now get £328.32 
    plus £317.82
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'm also confused because the breakdown of your payments why you were claiming ESA are WRAG which is LCW for UC and not Support Group (LCWRA for UC)

    The reason a huge chunk of your money was lost was because you were claiming severe disability premium and that isn't paid on UC.

    Had you been placed into the relevant group on UC from transferring from ESA the extra money you would have received is £126.11 on top of the £317.82.

    You should get expert advice regarding this from an advice centre near you.  While they can't make you pay it back because it was their mistake they can say to you that if you noticed the extra money then why didn't you report it.

    One other thing is you can request a subject access request from DWP, this will then tell you all the information they hold for you, including any previous benefits claims. https://www.gov.uk/guidance/request-your-personal-information-from-the-department-for-work-and-pensions

    Community champion and 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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  • Bek85Bek85 Member Posts: 14 Listener
    What a mess this switch over has been.
    It’s been one screw up after another during this switch.
    Ok thanks for all your help I really appreciate it. 

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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You're welcome. Have you been re-assessed since moving across to UC? or were you given LCWRA because that's the group they thought you were in when on ESA?
    Community champion and 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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  • Bek85Bek85 Member Posts: 14 Listener
    No I’ve not been re-assessed all my case manager said was that is the group I was in on ESA. 

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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Ok. They either placed you into the wrong group when you were claiming ESA and you should have been in the Support Group, if so then they'll owe you money.  Or you were in the correct group for ESA and you've been given LCWRA in error and should have been given LCW.

    Subject access request is the best way forward then you can see exactly what group you were in for ESA and take it from there. Good luck.
    Community champion and 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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  • Bek85Bek85 Member Posts: 14 Listener
    Ok I’ll do that, thanks :) 
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