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  1. #1

    No entitlement to backdated ESA

    I wonder if anyone can give me some advice I changed from Incapacity Benefit to employment support allowance in 2014 and was recently sent a questionnaire about a two year period IFollowing this I have just had a letter back saying I am not entitled to know that payment as I was on the work related activity group is this right or would there be a period of this two years that I would have been entitled

  2. #2
    Senior Member nukecad's Avatar
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    That sounds correct.

    This review is all about if you are owed, form when you transfered, any of the Income Related premiums that can be paid with ESA.

    As you were transfered from IB to ESA WRAG then you did not automatically qualify for the Enhanced Disability Premium. (You automatically get that if you are in Support Group).

    So as long as you didn't/don't have DLA or PIP then you didn't qualify for the Severe Disability Premium either.

    So, provided that you have not been moved into Support Group since, then they are correct and you are not owed any premiums.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

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  3. #3
    I I did read that it was a 12-month period on the work related activity group after that it was automatic to change to income-related also as an afterthought what was the point of them sending me the ib3?

  4. #4
    Also was it right to put me on the work related activity group despite not having a work capability assessment or is this standard practice as I was on incapacity benefit for a few years before this

  5. #5
    Senior Member nukecad's Avatar
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    Again that's correct.

    All transfers from IB to ESA started as Contribution Based ESA.
    For those where were awarded WRAG this only lasted for 52 weeks, after which it was changed to Income Related ESA (If you didn't have savings etc. that would stop you getting IR benefits).
    If you ever get into Support Group then it will become Contribution Based ESA again.
    That's a general rule for all ESA not just those who transfered from IB - If your ESA starts as CB then it will be CB anytime you are in Support Group, but only 52 weeks in WRAG.

    Why did they send you a form?
    It does seem a bit pointless, but they are being very careful not to leave anybody out who may be due some backpayment. (There would/will be another big row if they do).
    Some people have not been contacted where the DWP records are very clear that they aren't owed anything, I guess in your case they were just double checking that nothing in your circumstances had changed.
    eg. Although the letter would have said since 2014/5 that's just the benefit year you transfered, (a benefit year runs from April to April hence the 2 years), they will have wanted to check that you hadn't claimed PIP or any other relevant change in the following years.

    Whether you should have been put in WRAG or SG is a different question.
    You can be put in either group without having a face to face, it depends on the evidence you supply.
    (You cannot be found fit-for-work without having a F2F).

    Presumably there was a reason why they didn't ask you for a F2F but who can say what that was now?
    Probably your evidence was very clear that you qualified for WRAG but not SG.

    If you don't like the group you are awarded then you can ask for Mandatory Reconsideration and appeal of the decision.
    Again though it's a bit late now to ask for a MR on a four or five year old decision.
    If they give you WRAG again at your next assessment you can MR/appeal that if you think you should be in SG.
    (Or if you think the effects of your condition have got worse then you can report a Change of Circumstances and ask them for a reassessment).
    Last edited by nukecad; 05-19-2019 at 03:12 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
    [QUOTE=nukecad;163369]Again that's correct.

    All transfers from IB to ESA started as Contribution Based ESA.
    For those where were awarded WRAG this only lasted for 52 weeks, after which it was changed to Income Related

    did the dwp actually state in the award letter that IB claimants transfering over to esa had been put on contribution based esa?
    im just reading my friends award letter from 2012 when they where transfered from IB to esa and it does not say the word contribution esa anywhere it just says your income related entitlement is blah blah blah

    im wondering if they made a mistake back then

  7. #7
    Senior Member nukecad's Avatar
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    Regarding the transfer to ESA then it was set in law that all transfers from Incapacity Benefit to ESA were CB ESA (maybe with an IR top-up if they got it right), and all transfers from Income Support to ESA were IR ESA.

    The letters are very confusing, and even senior DWP staff admit that they don't understand them anymore.

    I've worked them out, it's a bit convoluted and I can sort of see why they do it as they do:
    If you quaify for both CB and IR ESA then:
    • They take your total Income Related amount.
    • They deduct your CB amount from the IR amount.
    • Then they add the CB amount back on.
    • Then they pay it all as one ESA payment.
    That's all done internally and so you don't realy need to see the process
    You can see how confusing that would be to try explain on a letter, taking some money off then putting the same amount of money back again, so they don't bother and just talk about the IR amount because it makes no difference to what you actually get paid.

    The same thing happens with Universal Credit and CB ESA, but as they are 2 different names and paid seperately it's easier to see how it happens:
    • They take your (IR) Universal credit.
    • They deduct your CB ESA from the UC amount.
    • They pay the reduced UC.
    • They pay the CB ESA seperately.
    So the difference is that currently it's all one ESA payment that includes both IR and CB, but with IR Universal Credit it's 2 seperate payments and so easier to understand which is which.
    Last edited by nukecad; 05-20-2019 at 02:47 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.

  8. #8
    Hi just to be more clear on the letter I received it state Thankyou for the information we asked for regarding your review of your entitlement to income related ESA.

    What this means for you

    We have reviewed your benefit and having looked at the information you gave us you are not entitled to ESA (IR) from ** February 2014

    As a result there is no change to your benefit.

    WHY YOU ARE NOT DUE ESA (IR)

    You were in the work related activity group and no premiums are due,

    WHAT YOU NEED TO DO IF YOU THINK YOU HAVE FURTHER INFORMATION FOR US TO CONSIDER

    If you have more information what you havent already given to us which could affect the review please call us on the number at the top of this letter and we can look at your payments again.

    If they already knew I was on WRAG I don't understand them needing more info also this was pre 2017 so I'm confused about the entitlement of the premiums. Sorry to be a pain but I don't seem to have any success with DOW and recently won a tribunal 6 weeks ago for a 0 point WAX from last summer that they have not contacted me about still and I went many months with no benefit as I would not be bullied into going on JSA and carries on send Inc fit notes all the way through. I received PIP once a month that I lived on.

  9. #9
    This is the letter.
    Attachment 2137Click image for larger version. 

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    Last edited by 1066; 07-12-2019 at 03:00 AM.

  10. #10
    Hi just to be more clear on the letter I received it state Thankyou for the information we asked for regarding your review of your entitlement to income related ESA.

    What this means for you

    We have reviewed your benefit and having looked at the information you gave us you are not entitled to ESA (IR) from ** February 2014

    As a result there is no change to your benefit.

    WHY YOU ARE NOT DUE ESA (IR)

    You were in the work related activity group and no premiums are due,

    WHAT YOU NEED TO DO IF YOU THINK YOU HAVE FURTHER INFORMATION FOR US TO CONSIDER

    If you have more information what you havent already given to us which could affect the review please call us on the number at the top of this letter and we can look at your payments again.

    If they already knew I was on WRAG I don't understand them needing more info also this was pre 2017 so I'm confused about the entitlement of the premiums. Sorry to be a pain but I don't seem to have any success with DOW and recently won a tribunal 6 weeks ago for a 0 point WAX from last summer that they have not contacted me about still and I went many months with no benefit as I would not be bullied into going on JSA and carries on send Inc fit notes all the way through. I received PIP once a month that I lived on.

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