strange letter from ESA about IR eligibility

[Cathycat]

hi there- looks like I'm right and won't qualify - I am in receipt of DLA but not the right kind! Seems it's not simply DLA but you need either Middle or High Care Component to get SDP. Thanks for explaining- is still a pain to have to fill it all in even though I know now I won't be qualifying!! Think I may ring them and explain I would only qualify for EDP and so seems like even though I have under £16k I don't qualify- would be easier than filling in form, scanning and printing statements etc. Many thanks!

[Cathycat]

update - I rang DWP number for ESA3 (incapacity to ESA back payments) and seems unless it's because of one of the three reasons listed with form you have to complete it (even if you've explained why you believe you aren't due any payment)- they have to process the form and tell you that you won't qualify- they only know how to complete questions on the form ie they aren't able to understand who qualifies etc - in fact the lady thought EDP was the premium triggered by DLA etc- but she was lovely to speak to - basically unless you're affected by one of the 3 circumstances listed eg savings over £16k you have to complete the form even if you know you don't qualify.

[nukecad]

Seems a waste of everybodys time if you are sure.

There again they will probably have set processess in place that must be followed, with no flexibility to shortcut them.

I've seen some examples of the task guidance they have to work to and it reads like a plain language version of a computer programme.
(If this is ticked then do that, if it's not ticked do the other. and so on through the whole process step by step).
If they don't follow each step as laid out in the guidance then they can get 'marked down' which could affect their job/wages.

I suppose that as this is to correct their past error they are being sticklers about following the process this time round.

[Cathycat]

yes I think that's probably the case - the lady definitely didn't know how to process the form - she got confused between EDP and SDP and said they only tell claimants how to complete the form - I guess some people may have thought they didn't qualify when in fact they do so they're making absolutely sure. Thanks so much for your advice though as I was totally baffled how they work out people's entitlement- so was a relief to have it explained to me!

[worried33]

My view is if you not sure fill it in and return it unless you really dont need the money and it doesnt matter to you. It wont affect entitlement to CB ESA one bit as that is not means tested.

[nukecad]

I suspect that if you don't return anything then they'll just keep on at you until you do.

They may be called to show that they have not 'skipped' anybody this time round.

(I think I've seen the guidelines they must follow if you don't respond, I'll see if I can find them again).

[birdwatcher]

I called up and explained I didn't think I needed to send it in as I had already had a payout a couple of years ago, they looked at the records and said I was right and could just throw the form away.

If you don't want to do it and really believe you aren't entitled and it's too much hassle for you, don't fill it in, you'll just be left as you are.

[Cathycat]

I'm going to fill it in as they told me to even though I strongly suspect to not qualify for a back payment - at least it'll be over and done with and not floating about on their system.

[Cathycat]

am filling the form in today - I noticed they only ask if you're in receipt of DLA - there's no options for actual rates received? Do they contact DLA dept for that information?

[walker]

im sorry but I am feeling invaded on this thread

anyway
I am SO angry
just had the result of the MR

they have refused to back pay me
they quote 'Social security and child support (decisions and appeals) regulations 1999, reg. 3& 7'
they say IF I had told them at the time - it would have been back payed
but since I didn't tell them
the law says where a change is advantageous to the claimant and they are notified later than 1 month after that change (i.e. 4 years) then the date is taken from when I reported the change

I am so upset about this
I want to appeal but I know that will take a year and they will probably throw the same shitty law at me

I tried so hard to get everything right and now all I have is this
and no doubt in the very near future an esa reassessment that will take everything away

I really really wish I had never bothered
I might have know it would come to nothing
I didn't want to apply for it in the first place

a brief look at those legislations - it is a waste of time appealing
I could call the welfare people I spoke to - but it is almost impossible to understand the woman, and I cant deal with that

I cannot cope with any more of this


ed
I wont get an appeal in within 1 month because date is 30th nov and with Christmas in the way it would have to be sent now and there is no way I am well enough to do it

I give up
I am so tired of living like this in fear of their every word