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Thread: IR-ESA backpay?

  1. #1

    IR-ESA backpay?

    Asking on behalf of my sister & brother-in-law regarding the income-related esa and if they would be entitled to any backpay.

    Brother-in-law has been on DLA high rate mob & middle care plus incapacity benefit since around 1995. He was migrated to ESA in 2013 and placed in the support group and has always received the contribution based esa. There was no assessment or consideration regarding income-related and any letters received just referred to him been on contribution based esa. At the time of migrating to support group his wife was working 30 hours a week so probably wouldn't have qualified for IR but in May 2017 she hasn't worked or claimed any benefit.

    Last week they received a letter from DWP to say someone is going to ring in a couple of weeks to discuss the income-related element of ESA. I understand that those who migrated from IB to esa support may be entitled to backpay if they should have been on IR ESA but were not assessed for the IR element. Even if (as a result of his wife working 30 hours) he wouldn't have been entitled to IR esa at that time, should he at least have still been assessed when placed in the support group.

    As things stand now he should qualify for IR esa and would probably have done so in May 2017 when his wife no longer worked but had no knowledge about IR. Before the dwp ring to discuss the income-related esa, what we would like to know is would he be entitled to IR from now or backdated from May 2017 when his wife stopped work? I guess they would argue that when the wife stopped work was a change in circumstances therefore the onus on us to inform them of any change, but if he was never assessed or considered for the IR element at the time of migrating to support group in 2013, would he still have a valid claim to the backdate?

  2. #2
    im sure there will be something due,and there is bound to be someone on here who will know.

  3. #3
    Senior Member nukecad's Avatar
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    Yes he does.

    The fact that he never told them when his wife stopped working is irrelevant.
    He should have told them about the change of circumstances at the time, but that's not important.
    There is no time limit on informing them, of course any backpayment due will only apply from when she stopped working.

    We have a few threads ongoing here about this IB-ESA error situation.
    Some have already got their backpayments, some are still at the stage you are.

    Just tell them the circumstances as you have told us above, and let them work it out from there.
    They will decide if he has an entitlement to IR now, and then work out if it needs to be backpaid and to what date.

    Here's one of the ongoing threads from someone else who has just got the letter, it may answer some other questions that you may have.
    (No doubt you have many questions at this stage).
    https://www.youreable.com/forums/sho...487#post145487
    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.

  4. #4
    Many thanks nukecad, will digest and read the other threads and pass it on. Cheers.

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