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Thread: backdates after dla tribunal

  1. #1

    Unhappy backdates after dla tribunal

    hi everyone, im after some helpful advice hopefully, my son won a dla tribunal in march this year and awarded backdate to may 2010, when his dla was refused in may 2010 i was his carer and recieved carers allowance and top up income support, what are my correcct entitlements to backdates of carers and income support from march 2011 to may 2010, from july 2010 to january 2011 i was claiming esa, so i am in a major dispute still with income support as to backdate for this time i was on esa, i am stating i should av got carers premium on top of esa for all this time... im arguing from may 2010 till march 2011 had my son not had to go to tribunal i would av had a weekly income of approx 98.00 a week carers plus income support.. and income support are saying somat about underlying entitlements and refusing to pay me this backdate, although had i not had carer stopped to begin with id still av been on that and would not av claimed esa at all, it was only the worry of nil income that forced me to claim something or starve to death...

  2. #2
    I am not sure on this, the rules are so complicated. When I won an appeal my CA & CP were not backdated either.
    ~ ~ ~ ~ ~ ~
    Stephen

  3. #3
    davewhit
    Guest
    Quote Originally Posted by leachypeach View Post
    hi everyone, im after some helpful advice hopefully, my son won a dla tribunal in march this year and awarded backdate to may 2010, when his dla was refused in may 2010 i was his carer and recieved carers allowance and top up income support, what are my correcct entitlements to backdates of carers and income support from march 2011 to may 2010, from july 2010 to january 2011 i was claiming esa, so i am in a major dispute still with income support as to backdate for this time i was on esa, i am stating i should av got carers premium on top of esa for all this time... im arguing from may 2010 till march 2011 had my son not had to go to tribunal i would av had a weekly income of approx 98.00 a week carers plus income support.. and income support are saying somat about underlying entitlements and refusing to pay me this backdate, although had i not had carer stopped to begin with id still av been on that and would not av claimed esa at all, it was only the worry of nil income that forced me to claim something or starve to death...
    you need expert advise as your claim is very complex the only thing I can add is CA and ESA are "overlapping" benefits and BOTH will not be paid at the same time ... the DWP will not except "id still av been on that and would not av claimed esa at all" they would say if dla not in payment no right to CA is there are you claimed esa

  4. #4
    i have read that esa and ca are overlapping benefits however iv also read that on esa u should still get carerr premium on top of esa, think expert advice is the best choice thanks for ur info xx

  5. #5
    davewhit
    Guest
    Quote Originally Posted by leachypeach View Post
    i have read that esa and ca are overlapping benefits however iv also read that on esa u should still get carerr premium on top of esa, think expert advice is the best choice thanks for ur info xx
    as at the time esa was in payment .. the dla was not in payment ... then the premium might not be awrded very hard call have you thought of joining B&W the mods on that web site or the downloads might help you ? http://www.benefitsandwork.co.uk

  6. #6
    Senior Member
    Join Date
    Dec 2010
    Location
    Luton
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    254
    Quote Originally Posted by leachypeach View Post
    hi everyone, im after some helpful advice hopefully, my son won a dla tribunal in march this year and awarded backdate to may 2010, when his dla was refused in may 2010 i was his carer and recieved carers allowance and top up income support, what are my correcct entitlements to backdates of carers and income support from march 2011 to may 2010, from july 2010 to january 2011 i was claiming esa, so i am in a major dispute still with income support as to backdate for this time i was on esa, i am stating i should av got carers premium on top of esa for all this time... im arguing from may 2010 till march 2011 had my son not had to go to tribunal i would av had a weekly income of approx 98.00 a week carers plus income support.. and income support are saying somat about underlying entitlements and refusing to pay me this backdate, although had i not had carer stopped to begin with id still av been on that and would not av claimed esa at all, it was only the worry of nil income that forced me to claim something or starve to death...
    I would write to the Carers Allowance office and ask for the benefit to be re-instated from the same date your son had his mid care DLA re-instated from. Include a copy of the Tribunal decision. If you are due any arrears, you will be told.

  7. #7

    Question winning tribunal

    surely if you were claiming esa you could not claim carers as well as you were supposedly ill how could you care for some one when you needed help your selfe

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