ESA income related top up...Please help!!

13

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  • robdx
    robdx Online Community Member Posts: 61 Contributor
    poppy123456 said:
    robdx said:
    Hi all
     previously advised that I can't start a new claim and must claim UC

    That is not correct because you are not starting a new claim, your exisiting contributions based ESA is being assessed for the Income Related top up. Remember when you ring ESA you are speaking to someone from a call centre, who have very little knowledge.
    It's not unusal for it to take inexcess of 12 weeks for a decision.
    Yes I pointed that out, which is why they are getting the right people to ring me but they also said as I have been advised previously that they will not look at the form as its a waste of the decision makers time. She stated if I am on contribution based there is no entitlement to a top up since UC started. 
    My head is spinning and i'm at loss as to what to do now
  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    robdx said: She stated if I am on contribution based there is no entitlement to a top up since UC started. 
    That is incorrect.
  • robdx
    robdx Online Community Member Posts: 61 Contributor
    calcotti said:
    robdx said: She stated if I am on contribution based there is no entitlement to a top up since UC started. 
    That is incorrect.
    Thank you to you and Poppy for your help(and others of course) but if they are going to refuse to look at it there is not much I can do.
    I really don't know whats worse, knowing I am done and cannot stay in my home or the glimmer of hope they will sort it out
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,922 Championing
    That sounds really frustrating and difficult @robdx. Would anything, in particular, make this feel more manageable for you at the moment?

    Please don't hesitate to let us know if we can do anything to support you. We are all here for you, even if that's just as a listening ear  :)
  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    robdx said:
    calcotti said:
    robdx said: She stated if I am on contribution based there is no entitlement to a top up since UC started. 
    That is incorrect.
    Thank you to you and Poppy for your help(and others of course) but if they are going to refuse to look at it there is not much I can do.
    I really don't know whats worse, knowing I am done and cannot stay in my home or the glimmer of hope they will sort it out
    Try emailing correspondence@dwp.gov.uk
  • robdx
    robdx Online Community Member Posts: 61 Contributor
    Some movement at last
    After my last phonecall I had a bit of a melt down in front of my dad. Years ago my dad used to work for the national childrens center and often worked pretty close with our local MP, my dad called him and the MP's office called me and said they were going to contact DWP.
    I have just come off the phone to ESA(not the call center), finally spoke to someone human who actually listened. they have awarded me the EDP from july when i first called and it has now gone to a decision maker to see if I can get the back pay to january 2016. They claim I was sent a form when i first claimed, an ESA2 i think she said, which I definitely didn't get, though they did get the ESA50.
    She took all details of my initial claim and how I was never informed of the availability of the EDP and hopefully that will be enough for the decision maker to decide in my favour.
  • Alex_Alumni
    Alex_Alumni Scope alumni Posts: 7,538 Championing
    It's good to hear you're getting some support and clarity @robdx that must be a relief for you? :) 

    If there's anything we can assist with in the meantime let us know, and wishing you the best for this all to get sorted soon.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    The form to assess for the Income Related top up is called ESA3.
  • robdx
    robdx Online Community Member Posts: 61 Contributor
    poppy123456 said:
    The form to assess for the Income Related top up is called ESA3.
    Ah my bad, I definitely did not get one in 2016 only the esa50, though they claim they did send one.
    The back payment from july was in the bank yesterday morning, along with a new award letter(confusing as ever and worryingly does not mention that the period from july this year back to january 2016 has gone to a decision maker).
    The MPs office called me today and have told me if the back pay from january 2016 is refused then I am to call them 
  • robdx
    robdx Online Community Member Posts: 61 Contributor
    Sorry to drag this up again but I have just recieved this via my MPs office regarding adding IR ESA on to my claim..................

    We received Mr Fox’s ESA3 form on 1 August 2022.
    Mr Fox had requested on his ESA3 that his claim be backdated to 5 January
    2016. Unfortunately, the regulations around backdating state that any change of
    circumstances must be reported within 1 calendar month of the change
    occurring, when that is not the case, the change can only be accepted from the
    date that it was notified. In Mr Fox’s case, he notified us on 14 July 2022.
    We spoke to Mr Fox to gather more information on 12 October 2022 to enquire
    why he didn’t inform us sooner. Mr Fox told us that it was only when he spoke
    to his Support worker regarding the Cost of Living payments currently being
    issued to claimants by the Government, that the issue came to light.
    On 12 August 2022, a decision was made which entitled him to Income related
    ESA from 14 July 2022, that being that date that he notified us, the Enhanced
    disability premium (EDP) was added to his award and arrears of the EDP from
    12 July 2022 to 10 October 2022 of £230.75 were issued to him.

    I have highlighted that particular bit because my circumstances never changed, my circumstances were the same on 5th January as they are today....No actual change occured.
    I think they are wrong, should I now go back to them?
  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    edited November 2022
    They can supersede the decision based on a change in the known facts at the time the original decision refers to.
  • robdx
    robdx Online Community Member Posts: 61 Contributor
    calcotti said:
    They can supersede the decision based on a change in the known facts at the time the original decision refers to.
    So they are factually wrong on this and I should go back to them??
  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    edited November 2022
    As in my first reply in this thread they should have assessed you for income based ESA when you originally applied unless you specifically asked not to be. 

    Obviously if you had other income or savings at that time which meant there was no entitlement to income based ESA then it would have been down to you to inform them when circumstances changed.
  • robdx
    robdx Online Community Member Posts: 61 Contributor
    calcotti said:
    As in my first reply in this thread they should have assessed you for income based ESA when you originally applied unless you specifically asked not to be. 

    Obviously if you had other income or savings at that time which meant there was no entitlement to income based ESA then it would have been down to you to inform them when circumstances changed.
    No my circumstances were exactly the same on the day i claimed as they are now
    The emailed letter from my MP says if I disagree I can ask an Independant case examiner to look at it.
    Seems a bit like they have come up with an easy cop out and hope I will go away 
  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    edited November 2022
    You can’t go the IDE yet. You first need to challenge it through Mandatory Reconsideration and appeal.
    https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-benefit-decisions/
  • robdx
    robdx Online Community Member Posts: 61 Contributor
    So MR has been refused
    They say it was my responsibility to check my entitlement at the time of application and as I failed to do so I cannot claim I was badly advised by the jobcentre as its not up to them to divulge any information regarding premiums and because I failed to ask for it then it must be classed as a change of circumstances and no further backpay can be given. They are also saying that I cannot appeal and this decision is final
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    They are completely wrong in their decision not to backdate it to 2016. My advice is to request the Tribunal now.
  • robdx
    robdx Online Community Member Posts: 61 Contributor
    poppy123456 said:
    They are completely wrong in their decision not to backdate it to 2016. My advice is to request the Tribunal now.
    They have told me there is no appeal or tribunal allowed for this type of thing only for when pip or esa has been denied. I did say I would go back to my MP but they said it would risk a compliance issue as someone who is in the support group with mental health issues should be regarded as not being coherant enough to make statements like I have. I told then the facts and statements were submitted by the CAB on my behalf but as my name signed the statement thats all a compliance officer would look at and would most likely remove me from support group....I cannot risk that so its game over
  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    I think that is incorrect in respect of appeal rights and the rest of what they have said is simply threatening. I can understand why you don't want to risk it. Do you think CAB would give you a letter confirming that they prepared the facts and statements on your behalf and you can then refer to this if necessary. (When I used to prepare anything on behalf on someone to be signed by a claimant i always included to include a sentence stating that the submission was prepared by me on behalf of the claimant and that the claimant would not have been able to prepare the submission without help.)
  • robdx
    robdx Online Community Member Posts: 61 Contributor
    calcotti said:
    I think that is incorrect in respect of appeal rights and the rest of what they have said is simply threatening. I can understand why you don't want to risk it. Do you think CAB would give you a letter confirming that they prepared the facts and statements on your behalf and you can then refer to this if necessary. (When I used to prepare anything on behalf on someone to be signed by a claimant i always included to include a sentence stating that the submission was prepared by me on behalf of the claimant and that the claimant would not have been able to prepare the submission without help.)
    I can ask them if it comes to a compliance interview 

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