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Thread: dwp letter: possible IB-ESA underpayment

  1. #1

    dwp letter: possible IB-ESA underpayment

    hi, can anyone help please. dwp have sent a letter asking for a lot of financial info. is this likely something to do with underpayments from IB-ESA transfer ?


    Im unsure when I first started getting IB but looking at old bank statements it seems I went from IB to contribution based EESA in April 2012. The rate was around £216 a fortnight for both IB and EESA and over the years the payments more or less stayed the same or only went up by a couple of quid. Its currently about 221 a fortnight.

    I think I have been in the support group since the start of my ESA claim but I may have been in the work related activity group for a month while I requested a mandatory reconsideration to get that changed. At about the same time I went from IB to ESA I started to receive DLA high rate care and low rate mobility. This changed to high care PIP in 2017. I've never had savings.

    Based on the above, does it look like its worth me getting someone to fill out the form ? and more importantly does it look like I may be owed some money ?


    thanks for any input
    Last edited by dwpeedon; 12-06-2018 at 01:59 AM.

  2. #2
    Senior Member nukecad's Avatar
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    Firstly can you confirm that what you have been sent is an ESA3 (IBR) form?
    Look at the bottom right of the front page for the number.

    If it is the ESA3 (IBR) then it's all about the errors that they made when transfering people from IB to ESA.

    From what you have told us then it does look like you are owed money.
    (No savings is one qualifier, not having a working partner is the second).

    It looks that you currently get:
    Personal allowance of £73.10 a week.
    Support Group rate of £37.65 a week.
    Which is £110.75 a week (£221.50 a fortnight)

    But if you have an entitlement to IR ESA as well, and it sounds like you do, then you should also be getting:
    Enhanced disability premium of £16.40 a week.
    Severe disability premium of £64.30 a week. (You need to be living alone, and nobody claiming Carers Allowance for you).
    So that's an extra £80.70 a week you'll be paid every week from when they put it right.

    The EDP should also be backpaid to when you transfered from IB to ESA in 2012.
    The SDP should also be backpaid to when you got DLA Higher Care.

    We can't be accurate without knowing the exact dates, savings/income, etc. (that's why the DWP want all the info on that form) but if you qualify for both premiums back to 2012 then you are looking at over £20,000 in backpay due.
    We have members here who have already been backpaid amounts like that.

    So I'd say yes, it's very worth filling in the form and sending it back.
    Last edited by nukecad; 12-06-2018 at 07:42 AM.
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  3. #3
    hi nukecad,

    thanks for your reply. Yes it is an esa3 form. The dwp said I could ignore it if I want to so that could mean getting it filled in is good for me not them. Hopefully so anyways !. I think I transferred from IB to ESA contribution based and also started to get DLA high rate care all at the same time in April 2012. Its likely if I had been assessed for IR ESA I would have qualified for it but the dwp put me straight onto contribution based. I didn't even know there had been a change in benefits from IB-ESA because the rates stayed the same

  4. #4
    i was in the same situation as yourself and my money also stayed the same on CB

    i thought i wouldn't get anything but was astounded to get a large back payment and my rates have also gone up.

    please fill it in as you could be surprised.

  5. #5
    Senior Member nukecad's Avatar
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    Hi Dwpeedon,

    Yes it does sound like you should have been entitled to IR ESA at the time and so you definitely should fill in the form and send it back.

    It's important when filling in the ESA3(IBR) 06/18 to note that it has differences to the standard ESA3.

    In particular make note of the statement at Part 1 - "The information you give us, on this form, must be from the date on the front of this form."

    That date should be the date that you transfered from IB to ESA, and they want to know about your circumstances at that time.

    Where they want to know about anything that has changed since then they make it clear in the question, so it's important to read each question carefully.
    Last edited by nukecad; 12-06-2018 at 02:46 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.

  6. #6
    Attachment 2067Attachment 2068Attachment 2069Attachment 2070

    Hi ! thanks for replying and apologies for not jumping back into this thread to say something earlier. Been waiting for dwp to respond to my esa3 and I'm not sure if they just have.

    They sent me a letter from February via email today. They mention a change in my claim and appealing if needs be. Theres nothing specifically about my esa3 form but for some reason it seems that they are suggesting I can appeal...appeal a change that I guess applies to every claimant in April. A rate change ?! I've asked several times if I am or am not one of those affected by the IB-ESA transfer error BUT emails haven't been answered so I don't know whats going on. Are they saying in the latest (and very late) letter that I'm not entitled to any backdated pay top-ups or premiums ? I've asked for an explanation so hopefully they can clear this up without appeals and nonsense...

    Attachment 2067Attachment 2068Attachment 2069Attachment 2070

  7. #7
    Senior Member nukecad's Avatar
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    We can't see your attachments yet (you may be able to, be we can't yet, that's just the way the forum works).

    I assume they are copies of your emails/letters?

    Probably the easiest thing at the moment is to tell us how much they say they will pay you from April.
    That should indicate to us what it's about.
    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.

  8. #8
    Thanks for replying again. yeh they were copies of letter with personal info taken out. Basically they say payment will increase by around £1 a week in April so new rate will be around £111 every week. The bit about appealing the decision seemed odd to me because the little extra they give each year is something that all ESA claimants get.

    The one thing they did mention that was of interest to me was to do with contribution records and being entitled to IR ESA but getting contribution based. I can't imagine paying much NI from employment before becoming entitled to incapcaity benefit so do wonder how they work out what NI I paid and when.

  9. #9
    Senior Member nukecad's Avatar
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    That does sound like it's just the yearly letter and not about your ESA3(IBR).
    (If it's just the anual letter it should say your payment will go up to £111.65 a week).

    Don't worry about the bit that talks about 'IR amount' and then saying you are getting paid CB, it's just the confusing way those letters are written.
    And yes they put that bit about appealing on it for some daft reason.
    (Even senior DWP staff have admitted they can't understand those letters either).

    Everybody who transfered from Incapacity Benefit was given Contribution Based ESA, it was nothing to do with your NI records.

    But they "forgot" to look at whether they/you should have had Income Related ESA as well as the Contribution Based ESA.
    This means that thousands of people have been underpaid by thousands of pounds each.
    And so they now have to sort it out and pay them what they should have been paying all along, including all the backpay.

    That is what that ESA3(IBR) questionaire that you filled in and sent back was all about.
    As you may imagine the team dealing with all this is very busy, they have thousands of cases to look at.
    It can take 3 or 4 months after you have sent it back before you hear from them.

    So it's just a case of waiting until you do hear from them.
    As you sent yours back in December then hopefully you shouldn't have to wait too much longer to hear.
    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. #10
    Cheers nukecad,

    The dwp replied the email I sent them yesterday and confirmed the letters are badly written and the decision cannot really be appealed because its just the yearly payment amount going up a little and everyone gets this.


    "So it's just a case of waiting until you do hear from them.
    As you sent yours back in December then hopefully you shouldn't have to wait too much longer to hear."

    ^^^^^ I hope you're right^^^^^ would be a fair payout considering I've had high rate dla or enhanced pip alongside esa since 2012.

    The advisor replied my email and said the following.

    The DWP are currently reviewing cases identified by the IBR LEAP exercise. This is where Income Related ESA was not considered from the point customers changed benefit from Incapacity to ESA Contributory. In your case, the IBR LEAP Team are still to make a decision on the review. I have informed them today that you are requesting an update on your case. They will make contact in due course. If there is entitlement to Income Related ESA following the review, the IBR LEAP Team will make a decision on the award and issue any arrears.

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