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Thread: Never considered for income based ESA

  1. #1

    Never considered for income based ESA

    This affected me between 2008 to 2016 when I was switched to contributory ESA. My circumstances at the time were one in which I was forced to live with a relative. Would anybody know of the consequences of being denied income based ESA when for all practical purposes it ought to have been allowed? Perhaps it will make no material difference, I don't know. I received the form from the DWP some seven weeks ago. They had it for five weeks and then rang to tell me there was an error on the form which was rectified over the phone. I was told it would then take up to another eleven weeks to process.
    Thank you.

  2. #2
    Senior Member nukecad's Avatar
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    I'm getting a bit confused here Ethan.

    Yesterday you were talking about making a claim for New Style ESA. https://www.youreable.com/forums/sho...tyle-ESA-claim

    Yet today you seem to be telling us that you have been getting Contribution Based ESA since 2016?

    You don't need to make a new claim if you are already getting ESA.
    (And if you were getting ESA in 2016 you will not have paid the required NI contributions to make a claim for NS ESA anyway).

    I think that we need some clarification here:

    1. Could you clarify if you are currently getting CB ESA?
    2. What, if anything, were you getting between 2008 to 2016?
    3. What have you been getting since 2016?
      (If the CB ESA stopped when and why did it stop).
    4. What is this form that you got from the DWP and sent back 5 weeks ago?
      (The number from the bottom of the page if possible).

      The answers to those questions will help make sure we are giving the right advice for your situation.

      Further questions that could also help:
      .
    5. Does your PIP include the Care element as well as the Mobility element?
    6. Are you still living with your relative, if not then can you give us the dates from/to when you were?
    Last edited by nukecad; 02-19-2019 at 02:36 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.

  3. #3
    I think you've misread the bit about CB ESA. I was getting it up until sometime in 2016. I since then worked for two years paying first class national insurance contributions . Currently I am no longer working due to ill health again and will have to claim CB ESA due to what my partner earns.
    The form I received from the DWP was an Esa3 concerning the incident which led to an estimated 70,000 claimants were underpaid by between £5,000 and £20,000 between 2011 and 2016 because the DWP failed to ensure they received the correct amounts when moving them from incapacity benefit on to the employment and support allowance (ESA). I was placed on contribution ESA by the DWP when it changed from incapcity benefit during 2008 up until 2016- I believe by mistake when I should have been placed on, and was entitled to income based ESA for that period.
    I have not been living with my sister for two years. The Pip doesn't include the care element.
    Thanks
    Last edited by ethanamongstfriens; 02-19-2019 at 04:35 PM.

  4. #4
    Senior Member nukecad's Avatar
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    Cheers,

    That clarifies things a bit.

    You were migrated from IB to CB ESA (You don't say just when that happened).
    You stopped claiming ESA in 2016 because you started work.
    You are now looking to make a new claim for New Style ESA because you have had to give up work again.

    You have PIP but only the Mobility not the Daily Living.

    The form you got was an ESA3(IBR) review from for the IB to ESA migration.

    I assume that you were in Support Group.
    In which case if you were entitled to IR ESA, as well as the CB ESA, then you should have received the Enhanced Disability Premium.
    In 2016, when your ESA ended, that was £15.75 a week. (2105 was the same, the years before that were slightly less).

    So if you are found to have been entitled to IR ESA you are due all those weeks of EDP as backpay.

    How much will depend on just when you transfered from IB to ESA, and when you stopped claiming ESA.
    Just to give an example a full years EDP from April 2015 to April 2016 would be £819, (2104-2015 £808.60, 2013-2014 £787.30).

    If you could let us know the date when you transfered and the date ESA ended we could work out what you may be due.
    Or if you want to work it out for yourself then see this post for the weekly and full year rates for different years:
    https://www.youreable.com/forums/sho...tes-(selected)

    If you had had the Dailiy Living Component of PIP, and were living alone etc. you would also have been entitled to backpay of the Severe Disability Premium.
    But that would not seem to apply in your case.
    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.

  5. #5

    Angry

    Thank you for your help. I'm unsure as to the exact date of the transfer from IC but would ascertain it to be 2009-2010. I was in the support group. The ESA ended around 2016.

    I remember the confusion surrounding the implementation of of different ESA's. The clerical staff at the dentist confused my contribution based Esa with income based version and I ended up getting fined by the NHS for not having paid for the treatment. It now appears I was entitled to the income based ESA and should have been entitled to free treatment.
    Last edited by ethanamongstfriens; 02-19-2019 at 06:51 PM.

  6. #6
    Senior Member nukecad's Avatar
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    The issue of dental and prescription fees and fines is something that has not been decided yet.

    Everyone is aware that people have lost out there, but because those charges are the NHS and not the DWP no one is quite sure what to do about it.
    (There was also a possible affect on Housing Benefit and Council tax, again hard to work out what to do about that).

    And of course there is the problem of how to know just what people have paid for prescriptions/treatment/fines in the last 8 or so years.
    Nobody thought they had to keep records like that.

    I suspect they will decide that everyone will be happy with the backpayments and so just forget about the rest.

    Hope you hear back soon and get a few thousand in backpay.
    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. #7
    Comlicated or what ! If we get any back pay big or small we will be extremely happy.If we are asked for prescription charges I wouldn't have a clue where to start unless the doctor would give us all the info.
    It's just a waiting game .

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