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Thread: Backpay through ESA3 Form?

  1. #1

    Backpay through ESA3 Form?

    Just wondering if anyone has been successful in the past in receiving ESA backpay which was owed over a long time peroid?

    Do they honour back payments that are going back a few years or could it be that if it's too far back and amount is for example a four figure sum then maybe that's too much and not pay that back?

  2. #2
    Senior Member nukecad's Avatar
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    The short answer is YES, depending on just what it is for.

    We have had some posts recently where people have claimed, and received, backpayment for SDP which should have been paid all along but had not been.
    Some of these have gone back years and involve 4, or even 5, figure sums.

    Here is just one that was eventually backpaid to 2009-
    http://www.youreable.com/forums/show...l=1#post106911

    She didn't say just how much she got, but I seem to recall roughly calculating that it would be over £20,000.

    If you also look at an earlier post in that thread, posts #16 & #17, another user reported that they had a friend who got about £21,000.
    Last edited by nukecad; 08-12-2016 at 05:40 AM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

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  3. #3
    Thanks once again nukecad for you're reply, appreciate it...

    Do you have any idea on the time frame of the whole process by any chance?

  4. #4
    Senior Member nukecad's Avatar
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    Timeframes will depend on the individual case.

    If you look at the post I linked to above that will give you an idea of how long that particular one took.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  5. #5
    Well they received my form on the 9th August and still don't have an update for me after 10 days, they rush you to send in forms and attend appoinments when they say then take for ever getting back to you :/

  6. #6
    Quote Originally Posted by D3ViANCE View Post
    Well they received my form on the 9th August and still don't have an update for me after 10 days, they rush you to send in forms and attend appoinments when they say then take for ever getting back to you :/
    As already said there is no particular time frame for this. However, when there are large sums of money involved I believe that the calculation has to be sanctioned/checked by someone senior before it is issued so that may account for the delay. or, it may be something simple like 'the person who deals with this is on holiday'. The DWP are no different to many large organisations - just my opinion!

  7. #7
    They called me back today and said that because the claim was being backdate a long way back they are having problems inputting it into their computer system. They said they will back date from Dec 2012 although the lady at the DWP told me to put "December 2011" on the form? I was on middle rate disability and low rate care componant prior to moving over to PIP about 3 months ago... Was I entitled to a standard disability premium during this time period?

  8. #8
    Quote Originally Posted by D3ViANCE View Post
    They called me back today and said that because the claim was being backdate a long way back they are having problems inputting it into their computer system. They said they will back date from Dec 2012 although the lady at the DWP told me to put "December 2011" on the form? I was on middle rate disability and low rate care componant prior to moving over to PIP about 3 months ago... Was I entitled to a standard disability premium during this time period?
    I'm going to repeat what I previously wrote about this and add some questions.

    You would have been automatically transferred from Incapacity Benefit to contribution based ESA as they are both based on NI contributions. As you are in the support group the contribution based ESA continues as long as you are in the Support group.

    When you were transferred you should have been assessed for income based ESA at that time as part of the process. From my reading this did not happen to many people during the transition process. This is the DWP's mistake.

    You can claim any disability premiums that you are entitled to and have them backdated to the time of the ESA decision. At the minimum you should get the Enhanced Disability premium as this is awarded on income based ESA if you are in the Support Group.

    The other disability premium to ask about is the Severe Disability Premium. This is awarded if you live alone (there are exceptions to this) no one is receiving Carer's Allowance for you and you are receiving middle care DLA or daily living PIP.

    If they argue about backdating then ask to speak to someone more senior and/or get some help from CAB/welfare adviser.

    Just to add, to get it backdated you must have satisfied the criteria for a means tested benefit - the income based ESA - for the whole of the time you have been on ESA.

    So the first question is were you entitled to income based ESA in December 2011? No savings/no partner/no other income/no other capital?

    If you were entitled to income based ESA in December 2011 then your backdated payments should go from then as you would be awarded an enhanced disability premium for being in the support group.

    If you were also entitled to the Severe disability premium (check the qualifications) in December 2011 then you should also have this backdated as well.

  9. #9
    Quote Originally Posted by pmlindyloo View Post
    I'm going to repeat what I previously wrote about this and add some questions.

    You would have been automatically transferred from Incapacity Benefit to contribution based ESA as they are both based on NI contributions. As you are in the support group the contribution based ESA continues as long as you are in the Support group.

    When you were transferred you should have been assessed for income based ESA at that time as part of the process. From my reading this did not happen to many people during the transition process. This is the DWP's mistake.

    You can claim any disability premiums that you are entitled to and have them backdated to the time of the ESA decision. At the minimum you should get the Enhanced Disability premium as this is awarded on income based ESA if you are in the Support Group.

    The other disability premium to ask about is the Severe Disability Premium. This is awarded if you live alone (there are exceptions to this) no one is receiving Carer's Allowance for you and you are receiving middle care DLA or daily living PIP.

    If they argue about backdating then ask to speak to someone more senior and/or get some help from CAB/welfare adviser.

    Just to add, to get it backdated you must have satisfied the criteria for a means tested benefit - the income based ESA - for the whole of the time you have been on ESA.

    So the first question is were you entitled to income based ESA in December 2011? No savings/no partner/no other income/no other capital?

    If you were entitled to income based ESA in December 2011 then your backdated payments should go from then as you would be awarded an enhanced disability premium for being in the support group.

    If you were also entitled to the Severe disability premium (check the qualifications) in December 2011 then you should also have this backdated as well.
    I have been single and had someone claiming carers allowance since 2011. It will not let me explain specific details on here as the post's get removed. I have had no savings since 2011.I have problems understanding why some people are paid more than others?

  10. #10
    Pmlindyloo, thank you for your reply...

    I think it is the Enhanced Disability Premium that is being backdated to me. I'm confused as to how much per week I should of been receiving since December 2011?

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