Advice on ESA payments with Carers Allowance - Page 2 — Scope | Disability forum
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Advice on ESA payments with Carers Allowance

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  • Apollo14LMP
    Apollo14LMP Community member Posts: 61 Connected
    edited May 2021
    The Benefit Office finally got back to me today from Monday. Despite me telling them and the CA Unit telling them I was entitled to Carers premium my ESA was not amended. All the letters I have are wrong. The DM I spoke to refused to back date my ESA IR claim. They have dated the change this week. 

    They had looked at the mail the letter i sent I usually write is not on my file. But CA Unit did tell me they had informed ESA IR of my CA and premium in a phone call (which they record). Also have various staff who told me 2 x Carers on file but not paid so I will see were I can go with that  ... 

    So I m waiting on the letter to arrive and ask for Mandatory Reconsideration .. I need it back dating not due to the cash but my legal aid funding application ... these people seem unaware of pandemic and the real trouble you have getting through to them... been locked in house for one year ! 

    I'm very grateful to the input from Calcotti, very grateful to you in fact ... The input is a massive help .. you probably may not understand what that means to people ....

    I now have my ESA IR which I hope to keep until the day UC arrives on my step ... never hopefully ... 
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited May 2021
    Not sure I completely follow that post.

    My understanding is that you are now getting two carer premiums in the ESA. That is at least a start.

    If they have only made the change from this week then you are absolutely right to request an MR of the decision not to backdate to the date your CA underlying entitlement began. You will need to wait for a letter confirming the change before requesting the MR.

    There is an expectation that claimants tell DWP benefit departments about any changes to their other benefits and that they shouldn’t not rely on communication within the DWP so you should set out everything you know and try and recall, to the best of your ability, when you told DWP what.

    if necessary you can request all the data DWP hold on you
    https://www.gov.uk/guidance/request-your-personal-information-from-the-department-for-work-and-pensions
    https://secure.dwp.gov.uk/personal-information-request/name


    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Apollo14LMP
    Apollo14LMP Community member Posts: 61 Connected
    Thank you ... I am now getting two x Carers premiums ... which is good .. ESA IR is back .... 

    I need the claim back dating due to my legal aid application - CB ESA is means tested the DWP told them I was on CB ESA but they were wrong taking my ESA IR off me. But I need that explaining to the Legal Aid people speaking to Solicitor tomorrow ... to see how the land lies with this .. really awkward one.

    I will have to follow through on it  ... expectations are not regulations or rules though will have to battle that bit possibly ..

    But thank you .. these are difficult times for us all - even the DWP !
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited May 2021
    There was a Northern Island tribunal case which may be relevant because it deals with the need to inform different departments. However because it is NI case it is not binding on in England.
    https://iaccess.communities-ni.gov.uk/NIDOC/users/ViewAttachment.aspx?r=XCqwy2IzCZg=
    Essentially it comes down to, in this day and age with modern computer systems it’s not unreasonable to think DWP can join the Dotson themselves.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Apollo14LMP
    Apollo14LMP Community member Posts: 61 Connected
    Thank you that is so helpful .. 
    Im grateful to you ...
  • Apollo14LMP
    Apollo14LMP Community member Posts: 61 Connected
    edited June 2021
    My IR ESA has now been reinstated and is now being paid. The MR submitted was rejected by the Decision Maker who agreed the post has been pretty awful and getting through by phone problematic (understandable at this time).

    In rejecting my MR which Included a mention of the NI case the DM has sent the my case to another office - Dispute Resolution for a FULL MR ?? whatever that means - they told me that I will hear from them in due course.   

    Im lost as to why it has been sent on again .. I am grateful to have sorted my ESA and had my IR element restored and for the brilliant advice I got here - I am grateful thank you ... 

    My court case against the DWP and LA continues on for Directions in due course. My Legal Aid restored !

    I now understand why it is so difficult to sue the DWP and LAs - even with some of the best legal minds - it is far from an easy task ..

Brightness

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