ESA income related top up...Please help!!
Comments
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Sorry to drag this up yet again....
I called them last week as I had no formal letter of them turning down the MR and they said one had been sent, one has arrived today(curiously dated 13th feb 2023)
1.They are claiming I asked for contribution based only when I claimed in 2016....I do not recall doing this all I recall is I was at the jobcenter in person prior to calling to claim and was told to claim contribution based due to my NI contributions being up to date. I was recovering from a major breakdown at the time so was not thinking clearly.
2.They claim they issued an ESA2 form on 11-01-2016, then re-issued it on the 12-01-2016 and there is no record of this being returned....This was not returned because I never got it
3. It states I claimed to have been told by an advisor(implied as a dwp advisor) in July 2022 that I should also be getting IR esa and that it was paid from july...No it was someone from CAB and yes it was added on and backdated to july 2022
4. Letter states that I claim to have had conversations with people from the job centre and advised could only claim contribution based, but records show no correspondance received between 07/12/2018 and 01/08/2022. Telephone contact is recorded in CAM/Lite, but these records show no contact between 11/03/2016 and 14/07/2022 and no records showing I attended any meetings/interviews and requested any advice...Prior to ESA i was claiming old style Enterprise allowance and had to sign on for it at the job centre it was there it was suggested as I had become ill I should claim ESA as it was clear I could not cope with self employment and if I did I should get contribution based
5. Also state that ESA3 form is a change of circumstances form
THE DECISION:
I have reconsidered the evidence held, you had failed to return the previuos ESA2 issued 11&12/01/2016, there is no record of you requesting a ESAIR claim form until 11/07/2022
I am unable to change the decision made 12/10/2022. Your ESAIR claim cannot be backdated further to 01/05/2016, as there is no provision in law to do so (** wrong date should be 05/01/2016 **)
The law used to make this decision:
Social Security(Claims & Payments) Regulations 1987, regulation 6 and 19
Employment and Support Allowance Regulations 208 regulation 21,22
What shall I do now, i'm totally flumoxed by it all0 -
Despite their comments I have lodged an appeal0
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