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Thread: Letter about esa

  1. #1
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    Letter about esa

    Hi I'm on CB ESA Support group just had a letter say i may be eligiable for IR ESA from 2013 and they will ring me in next 2 weeks or I can ring them to discuss it as i might be entitled to other premiums just wondered if anyone else as had one? Odd thing the envelope was stuck with cellotape which i've never had before if anything they are usually half undone. So anyone know what it's about had it themselves etc, just wondering if this is because of the universal credit. Seems odd and going back to when i went onto esa from ib thanks all

  2. #2
    Senior Member nukecad's Avatar
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    This is the letter they are sending out about the mess they made when transfering people from IB to ESA. (It's nothing to do with Universal Credit).

    This is being looked at by a 'special unit', hence the sellotape.

    You may be in for a large backpayment.

    It's been known about for years, and has been all over the press for the last few months.

    A quick recap-
    • When transfering people from IB to ESA they just transfered them to CB ESA and 'forgot' to assess eligibility for IR ESA.
    • This meant that those who should have been eligible for IR ESA did not get the Enhanced Disability Premium added to their ESA.
    • Further, anyone with DLA/PIP who had been 'fogotten' about did not get the additional Severe Disability Premium added.
    • People have been challenging this for years as individual cases and getting it corrected and backpaid. (We've seen backpayments of £20K+ for long term cases).
    • In 2016 the DWP finally admitted that they had 'just discovered' that they had made a mess of it.
    • They have eventually got around to trying to put it right, and backpay what they should have paid in the first place. (But see below).
    • They are now contacting those who they have identified as being affected by this.

    One ongoing issue is the government are trying to limit backpayments to 2014.
    The DWP (on the governments orders) are using a spurious legal argument for this limiting which is being challenged in court by means of a Judicial Review.
    They are attempting to claim that CB ESA & IR ESA were 2 seperate benefits before an upper tribunal ruling in 2014 made them one benefit for both, this is total nonsense (and the DWP know that).
    They are expected to loose, and to have backpay to the date each person transfered from IB.
    Last edited by nukecad; 05-16-2018 at 03:50 PM.
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  3. #3
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    Thanks Nuke my sis in law who is a careworker but just does all the paperwork etc for them told me to apply but i don't like to rock the boat ao left it i'm not waiting for them to ring me though i'm ringing them tomorrow, doubt i'll get any money back as i've had £110.85 for last 5yrs which is what my IB was when i went over. I was on DLA HR Moility but no care and didn't go on to care till i went over to pip and now on standard on both so don't think they owe me anything. Reason i said about UC was cos IRESA go onto it at some point but CBESA doesn't or so i thought. Be interesting to see what happens tomorrow

  4. #4
    Senior Member nukecad's Avatar
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    doubt i'll get any money back as i've had £110.85 for last 5yrs which is what my IB was when i went over.
    If you do have an IR entitlement then you should get something backpaid.

    Your £110.85 will be because of the Transitional Protection applied to the IB>ESA transfer.
    (It also confirms that they have not been paying you any IR ESA).

    If there was/is an IR entitlement that would mean you should have been getting at least the EDP which at current rates would give you a total of £127.15 /week, and if the SDP can be added to that it's currently £191.45 /week.

    You wouldn't have qualified for SDP on DLA mobility only, but would have when you went to PIP daily living.

    Because of the TP and the change in DLA/PIP award it will take a bit to work out.
    But as long as you didn't/don't have a pile of savings/capital or a working partner then they owe you.
    Last edited by nukecad; 05-17-2018 at 07:51 AM.
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    Migration from ESA to Universal Credit- Click here for information.

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    Well Nuke I rang this morning lovely lady i spoke to she is emailing the office that would be dealing with it she said it was a 40page form esa3 that they could send it or do it for me over the phone i said i was ok with doing the form she said ok but you sure you wouldn't find it better for it to be done over the phone i said ok either is fine with me. So she said they'll ring you to arrange a day and time for them to do the form with you over the phone so you don't have to come in then the info will be looked at and they'll let you know i said will my current esa be affected she said no it stays as is untill a decision is made i said do i need to do it i can survive on what i have coming in she said if you are entitled to extra benefit you should get it, you can always save it for adaptions or things to help make your life easier i said ok.. So we'll see what happens never done a form over the phone i have tried to find a esa3 form online just to see what ask but couldn't find one. No partner no large savings and no other income so i tick those boxes thanks again

  6. #6
    Senior Member nukecad's Avatar
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    It does sound that they owe you some backpay, and an increase in your ongoing ESA payment.

    Let's face it, they know that themselves or would not be contacting you.
    So now you need to do the ESA3 to capture your circumstances again.

    This is the way they are doing it with everyone they identify as affected by their error, it seems a bit odd because your circumstances now may not be the same as when you transfered.
    But I suppose they have to start somewhere.

    i have tried to find a esa3 form online just to see what ask but couldn't find one.
    Yes it can be tricky to find online - But you should have looked here before going searching the web.
    You can find an example of the ESA3 on the 'sticky' "Listing of ESA standard forms" page on this very forum:

    https://www.youreable.com/forums/sho...standard-forms

    Most of the current ESA forms are there
    Many have a 'Download' button when you can get a fillable form to use and send off.
    Others have 'Example' links where you can see what the form looks like, and have a practice, but should get an official one from the jobcentre/DWP to fill in.
    Last edited by nukecad; 05-18-2018 at 04:52 AM.
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  7. #7
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    Didn't realize forms on here i'll know for the future they rang this morning did the form on phone there and then it took about 20mins she said i was the quickest ever done as i only have the 2 benefits esa and pip previously ib and dla never had savings over £5,500.00 never lived with anyone and no other money coming in everything is as it was when went over the only thing changed was last yr when went from dla to pip and started getting care. She said i'll have a response either way in 2weeks i said 2weeks that can't be right she said that's what they've been allowed said might be 3 as doing form on friday but no longer. I've written down the link for the forms thanks for that nuke.

  8. #8
    Senior Member nukecad's Avatar
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    When it comes don't spend it all at once.

    Or do, it's what they owe you and does not come under deprivation rules.
    Unless they win their stupid judicial review, but even then it would still be exempt for one year.
    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.

  9. #9
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    I don't think anything will change Nuke but few hundred would be nice could replace my leaking fridge or the wasking machine that as a mind of it's own lol i'll let you know what happens as long as i don't lose anything i'l be happy thanks again

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