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Thread: ESA3 (IBR) Form

  1. #21
    Personally I dont know how strict they are about deprivation of capital, I will find out probably in 3 months when they respond.

    After I had my lump sum of DLA, I sent £1500 to capital one to relieve interest bearing debt, this to me was a sensible use of money as it in the long run saved me money on interest payments, the DWP possibly want people to default on debts or just make min payments even tho its a bad way to manage money but so they have maximum money on hand for things like food, but as I had £6000 in the bank I didnt see myself as compromising my ability to eat so I made the payment, I also brought myself occasional treats, but there was never any malice in my spending that I did it so I would get below any thresholds, it was just me spending money. As I understand it the law is supposed to be forbid deliberate spending of money in order to qualify for benefits, but from what I have read on forums and websites is that the DWP seem a bit stricter then that in that they want you to only spend money on essentials only regardless if its not deliberate spending to get benefits.

    Also I only found out recently that if capital breaches are caused by benefit backdated payments like mine was with DLA, then it is supposed to be either disregarded for a year if its an error of law payment (usually the case on tribunals), or for the life of the benefit if its a DWP error (like these ESA IR backdated payments are).

  2. #22
    Thanks worried33,

    Good to know the backdated lump sum is disregarded for 12 months I agree what you did was a sensible use of money too

  3. #23
    Senior Member nukecad's Avatar
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    Quote Originally Posted by StarBright View Post
    Good to know the backdated lump sum is disregarded for 12 months
    Not quite, as this was a DWP error then any backpayment is disregarded for the lifetime of your ESA claim, not just for 12 months.
    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. #24
    Even better thank I thought

  5. #25
    I've found another £50!

    I did some survey's online & got paid £50 which is in the October bank statement I photo copied & added to the form I looked online & I was also paid £50 in August 2013 so have added that to the any other money coming in section & explained what it is in the add anything else you think we should know bit.

    So the October £50 is already accounted for it's the 2013 one that's not so I'm guessing they will add that to the rest of the money?

    Thanks

  6. #26
    Senior Member nukecad's Avatar
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    I'm losing track of this thread a bit, it's become a bit fragmented, so-

    Let's have a recap and clarification:

    • You have been sent the ESA3(IBR) to see if you were entitled to IR ESA when you transfered from IB.
      Fill it in and send it back.
    • Because of savings you had were not entitled to IR ESA at that time.
      Wait and see what they send back to you.
    • Your savings later reduced and so you did become entitled to IR ESA at that time.
      They should pick this up in the review, and start paying the IR ESA ongoing from now.
      BUT you may yet have to do another 'standard' ESA3 to get any backpay due. (Just like Walker has had to do).
      Again, wait and see what they send back to you before doing this.


    If they give backpay from the special review then it is disregarded for the lifetime of your ESA. (Because that was an official error).
    If however, as is likely, you have to make a seperate claim for backpay, then because it was not included in the review that is only disregarded for 12 months.

    For now - Just send in the ESA3(IBR) and wait to see what they come back with.
    Then we can go from there, one step at a time and don't get ahead of yourself. (It only confuses things if you do).
    Last edited by nukecad; 11-26-2018 at 09:57 PM.
    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.

  7. #27
    Ok Thank You, will let you know when I get a reply

  8. #28
    An update on my own form, I rang them to see if they got the bank statements, and its not been logged on the system, they say they may have arrived but they dont know.

    Since I am starting to think I just shoved them in an envelope without adding a letter to confirm who the bank statements are for I am paranoid they got tossed aside so they sending me another envelope now so I can resend them.

    The DWP are really slow, and I guess if they waiting for documentation which doesnt arrive, they may not inform you without asking them, for these backdated payments.

  9. #29
    Senior Member nukecad's Avatar
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    Worried33,

    If you didn't include a covering letter then the mail handling unit would not have known where to send them on to.
    So it's quite possible that they have got them at the MHU, but don't know what to do with them.

    When you resend them -
    Write a covering letter with your name, address, and NI number at the top.
    Say that these are bank statements requested by the IB to ESA transfer review team.
    Say how many pages there are.
    Write your NI number at the top of every statement, and anything else that you send.

    Always put your NI number at the top of everything that you send to the DWP.
    If one page gets seperated for any reason having your NI number clearly shown on it means it can still be tied to your claim.
    That means that if they don't know what something is for they can at least link it to your claim from your NI number, so it has a chance of getting where it is needed.
    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.

  10. #30
    Yes I will do this the second time, I have a GP appointment next week and a post office is almost next door to it, so I will also be upgrading it to recorded delivery so I can see if it makes it through royal mail as well.

    Its so stupid that the DWP has no email system, it is far easier if these could just be emailed, but I guess thats one of the things UC provides with it all been internet focused?

    I do think I did include the slip I had to sign, which I think had my NI on it, but because I am not sure it is why I am resending them.

    It is entirely possible its just waiting to be scanned in, as the DWP are so slow the guy told me sometimes it can take a month just for things to be scanned in, but I am not waiting a month to find out so am resending them.

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