Found out i been missing ton money
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thanks! — currently on hold to get through to the ESA people about my SDP - been on hold for 30 minutes now and counting lol
as for UC I'll make citizen advice appointment for 8th or 9th april - i looked that's a Tuesday or Wednesday so i will have time them days - Will put on my calendar/diary a week before to remind me as well.to be fair even if they reduce the Transitional Protection i will still be "better" off compared to past 7 years - but either way i'll be "worse off" regardless as i'll need pay council tax in full then anyway due to how my local council count what is income (housing benefit is not income, housing element of UC is even if still paid to landlord directly) - just as long i can afford to live
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Any idea how long timescale may be for a decision?
BOTH about when SDP will start on my current ESA claim. and when back payment may come through. (one my friends is an accountant and thinks i should be getting around £20,000 backpayment when she looked at SDP rates from may 2018 until January 2025. I practically fainted! will they REALLY pay all that money owed? If so, will it be one lump some all together? at least then i can use £4k for debt payments i owe, and pay some to my friends who have been great carers to me as i kind of really owe them big time.
The guy on phone said he couldn't see how long it takes for SDP to be assessed (although i was on hold for 1 hour 10 minutes before they answered so cant see it being quick)
He said to ring every 1 to 2 weeks but i dont want to seem like im harassing them or seem desperate. - i worry if i annoy them they will take longer or just say no - i have a tendency to overthink and worry and also repeat/annoy people so I want to restrain from calling unless i HAVE to … so…..
HOW LONG would you say for me to wait without hearing anything before ringing up to ask about progress? surely ringing weekly is too often? and What will happen if i DONT get SDP sorted out until after ive had to moved to UC. (i obviously hope timescale is less than 10 weeks which is when my deadline week will be. Will they still count it and do the Transitional Protection or atill do backpayment if its not sorted until after then?
PS: IF I DO get what my accountant friend suggest (£20k) after debts and money i owe various people, i will prob have about £15-16k left) wont that effect my ESA or housing benefit or council tax support etc
Sorry i suffer from anxiety as part of my conditions and i want to make sure i do things correctly. if i do get big back payment is there a deadline to use it before DWP deem i have too many savings? and Any rules what the money can be spent on?
Im thinking £1000-£2000 to a charity in memory of my family and its a charity that will help stop something that happened to my sister many years ago, dont want to go into details, but it was bad. and some i thinking spending on home improvements like new cooker mattress wardrobe shelving etc. - even though that will take up at least HALF the back payment - i have no idea what to spend the rest on before DWP deem i have too much money, i dont want to just "waste" it away or they will get suspcious of that so what are the rules about back payments?
I Maybe treat my friends who have been carers to a holiday we all dreamed off as part of their "backpayment" as i couldnt really pay them for their time and efforts - but is that allowed?
and if im on UC LWCRA and they ask for bank statements to check if my benefits are correct/no fraud - wont i need to use all that money before they do?
I dont want to break any "rules" and get a sanction or do something wrong even though its money they owe me.
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You will receive everything that is owed to you from the date you became entitled to it. You may receive it in separate smaller lump sums as they often do that when it's a larger amount.
As this would be treated as an official error the money that's owed to you will be disregarded for the life of your ESA claim, this will then carry forward to UC when you claim that.
Timescales for awarding SDP going forward shouldn't be any longer than a few weeks. For the money that's owed to you from 2018 it was obviously be a lot longer than that but there's no timescales.
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No worries. In one way i think i would prefer it in smaller lumps for the money owed. As long its correct.
Either way theres no rush for the backpayment as long they correct it some point in reasonable time so i can oay off debts, the most important is getting SDP started before i migrate. Will check with them end of February then to give it a few weeks before i ask for update
At least backpayment is disregarded as i was in a panic how to use it all as all i heard/found online is you get 12 months!
If they do a single lukp suk i cma tell half will.be gome to.debts already
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12 months only applies if it wasn't an official error. For official errors over £5,000 it's disregarded for the life of the claim, which then transfers over to UC when you claim.
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Update:
Got a text today saying they backdated £81 and I will get my SDP going forward and "no need to contact them"
What is best way to now ask about backpayment to when I became eligibleeither June 2013 when I moved out IF my mum cancelled carer allowance. If not it will definitely be from may 2018 when she died.
How do I ask about this in the best way
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When you rang to claim the SDP did you ask them to look at backdating it to an earlier date? If you did then this is what they will do but because it's many years they are looking at then it will take quite sometime for a decision to be made. I did advise that going forward it would be awarded quite quickly.
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Yes. I mentioned 3 times it would been since 2018 at least due to ehrn my mum died and said I was never notified I should got it.
But the text says they only backdating 1 week which is why I'm confused if I should ring up again?
Least it's sorted for now though going forward but just want make sure they don't decide to try not backdate what they owe as they never sent me an is30 form since joining ETA in first place. Especially when notified of new address in 2013
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You can ring them anytime. The backdating for 1 week for now is because that's when you actually applied for it. Once the look back at your circumstances they will make a decision on any money that's owed.
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no worries! either way - i thank you GREATLY poppy - without your advice i may not got it as i was thinking they would just move me to UC but at least going forward i have SOME protection.
i'll give it a few days or next week then ring to ask for any status to check if they are looking into backpay1 -
You're very welcome. It was very clear to me based on the information you gave that you were entitled. Glad it was put into payment quickly. I would appreciate it if you could come back with a further update once it's all sorted, if you don't mind please?
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Best of luck with the decision! Please do come back and let us know how you get on @Dragonwolfsprite as this isn't a decision we get to hear about very often and would be greatly appreciated!
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update:
Rang up today as i couldn't get through until today — now need to go to either welfare rights or citizens advice as they REFUSE to pay ANY backpay at all and i must put a mandtory reconsideration in a written letter and reasons WHY - the lady said "no information has been put about anything about being entitled since 2018 at all, it says you only became entitled 23rd january"
:( - i stressed on phone mutliple times on the first call and this one that my mum passed 2018 and they never told me i was entitled so really its an official error - they never ONCE sent me an IS30 form but they refuse to backpay anything at all.
whats the best way to proceed? i even said i can provide proof of my mums death if really need to - and the proof i live alone is on council letters and voting postage etc
all they said is to write a letter to DWP ESA 25 without a stamp0 -
i should point out there is no reason why they arent backdating on the letter
got letter as well saying that my arrears due will only be from 23rd January 2025 and if i disagree i need to do a mandatory reconsideration.
never had to do one so no idea where to even start!0 -
Yes request the MR on the decision not to backdate to at least the time your mum passed away. Make sure you include the date of her death (sorry to be so straight to the point)
There's absolutely no reason at all why they can't backdate a claim for SDP. Sometimes they do drag their feet with this and I remember a member on here had a similar issue quite sometime ago. They requested the MR on my advice, which didn't change the decision. They took it to Tribunal and eventually won their case, they received everything they were owed.
For the avoidance of doubt the SDP form is known as IS10 and not IS30.
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posted the M.R. letter so fingers crossed. mentioned my mum passing and she was the appointee and did forms for me, along with how due to my conditions Im not capable of knowing about forms and also mentioned how the DWP were fully aware of my mum passing away 2018 as they rang me less than month after to ask if bank details were same as she was my appointee etc and did offer condolences.
so pointed out as they knew I lived alone and no longer had someone getting carer allowance they should have posted the is10 form or at least notified especially as I was in mourning for quite some time.
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rang today to check they definitely got my letter as wanted make sure they recieved it (as when I had issue with my dla we posted letter 5 times and they kept claiming nothing was received and post office couldn't provide any proof of posting or receiving as its a single line freepost address)
they said they do have it and are looking into it. so fingers crossed! said its likely to take another month before it's looked at fully as its been 4 weeks and it's due to take 8 weeks but I'm just glad they HAVE the reconsideration letter so at least I've not missed the M.R. Deadline.
Even if i just get enough backpay to pay off all my debts but citizen advice did say they should consider the full amount which is about £20k but even if it's £6k or more I can stop paying £200 month in debt repayments and won't have to panic so much. (and if the full amount does come i can finally sort my home and pay carers for their help instead of suffering and relying on friends to volunteer)
Just a quick question if some reason they say no, what would the next step be?
and when I move to UC next month. a friend did hers already with help and I was there watching to learn myself one section said about backpayments, would I need to declare im waiting for a decision on backpayment or just continue as if not getting any as I won't know yet and I doubt it will come before my uc migration date. (i tried to ask for an extension but they said unless I'm hospitalised they won't consider extending the apply date)
I don't want uc to just stop automatically and thinking I have sudden capital due to any computer errors if it comes in during the first assessment period.
sorry for all these questions BTW. I hope I'm not too annoying. I just like to be prepared and ive never had to fill forms in before or deal with this so I'm new to all this
FINAL question (I promise), I do permitted work sometimes I have overtime, not often, but when I do still under the limit for esa.
during April when I my first UC assessment period, should I avoid doing more than my contract hours? (as uc will give me transitional protection I want make sure they don't deduct anything just cause I worked more hours first month, I'm asking as they usually ask for my help extra couple days in March or April with easter)
sorry again if this is a long post. I struggle to get my point cross quickly so I hope I've not bored anyone with all this reading
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If after the mandatory reconsideration you are not awarded a full backdate, you can then appeal to an independent appeal tribunal
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today marks exactly 2 months since I posted my Mandatory Reconsideration.. not heard a thing back yet since i rang 11th march that "they received it and already looking into it" - hoping they still are as not had any letter to confirm anything yet.
fingers crossed the backpay is getting sorted as it has been 2 months now since it was sent off and they told me they got it about 25th of FebruaryTouching wood that i get a letter soon to explain what is happening about it. (to see if i will get it at all or if i need to take to tribunal - i dont care if it takes a year or so to work out the correct amounts - but would be nice to have a letter of proof they are certainly considering it -
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Hello @Dragonwolfsprite
You've had some good advice earlier on about SDP and Im pleased it was sorted out going forward.
Nothing you can do yet about the MR for the SDP going back other than wait. You could go to Citizens Advice or similar to check your MR is done OK and have them work out how far back SDP should go to make sure DWP do it right.
Importantly, did you claim UC?
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