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Thread: No entitlement to backdated ESA

  1. #11
    Senior Member nukecad's Avatar
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    They are saying that you did not qualify for Income Related benefits at all, and so no disability premiums were payable.
    So there is nothing to backpay.

    Whether that is correct or not we can't judge without more information; see the numbered questions below.

    The change to the law in 2017 has nothing to do with the premiums, I'm not sure why you brought that up?

    You seem be generally confused about the groups and CB/IR ESA, let me see if I can explain it.

    There are two types of ESA:
    Contributions Based ESA, which is based on your NI record and is paid even if you have high savings or a working partner.
    Income Related ESA, which is based on your income so is not paid if you have high savings, or a working partner, or other income.

    Then there are 2 groups:
    WRAG, which means you can't work, but could do some work related actitivities.
    Support Group, which means you can't work, and can't do work related activities either.

    So you could have any of- CB-WRAG, IR-WRAG, CB-SG, or IR-SG.
    (Sometimes you can both CB and IR at the same time, but you can never be in both groups at the same time).

    There may then be extra Disability Premiums to be added (ony ever with IR ESA), depending on your circumstances.

    In your particular case you were a transfer from IB to ESA, all transfers from IB were to Contribution Based ESA - so yours was CB-WRAG for 52 weeks.
    After those 52 weeks your entitlement to CB ESA ended and so it became IR-WRAG but only if you qualified for Income Related benefits.
    (To qualify for IR Benefits you must have saving/capital of less than £16K, and not have a working partner or any other income).

    To be clearer you will need to give us some more information:
    1. You say you transfered from IB to ESA in February 2104, that's clear enough.
    2. Did they stop paying ESA after 52 weeks, or did it continue to be paid?
    3. Did/do you have savings/capital over £16K, or a working partner, or any other income?
      Plus, (may or may not be relevant)
    4. You now say that you have PIP, (which you hadn't mentioned before), when did you start getting that, and does it include Daily Living?


    EDIT- I did see the bit about your recent tribunal, we'll leave that aside for now because it's a different issue; but it's partly why I've asked about the PIP.
    Last edited by nukecad; 07-12-2019 at 09:41 AM.
    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.

  2. #12
    Hi and thanks for responding nukecad I have looked back through old bank statements and at the time of transferring to ESA I was on low rate mobility of DLA also the ESA was continuous throupghpoupt the 2 yr period from IB to ESA in 2014 and was continuous without a gap in the full 2 yrs.
    Capital throughout was less then 16k and no partner working.

    Also I had been on IB for several yrs prior to this.

  3. #13
    Senior Member nukecad's Avatar
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    Thanks, from what you say there then you had mobility on DLA and not daily living.
    That would not qualify for any disability premium.
    (But TBH low rate daily living would not qualifiy anyway with DLA).

    No savings/capital, no working partner - thats fine.

    Knowing that ESA had been continuous is also good information.
    That tells me that it was/is Income Related.

    So going from that their is badly worded but correct in that you are not owed from what they are looking at.

    The only question left is the PIP.
    Is that also just for mobility?
    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. #14
    I was wondering as I'd been unable to work for several yrs if there was a premium for that as it is now I have standard mob and enhanced living,

  5. #15
    Senior Member nukecad's Avatar
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    We seem to be getting there.

    When did you get Daily Living with PIP?

    It's different from where we started, but could be important.
    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. #16
    Only a couple of yrs ago

  7. #17
    Senior Member nukecad's Avatar
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    I can now see your letter and it is correct, (if poorly written) because you didn't have daily living with your DLA then no premiums were payable with ESA WRAG.

    However if you now have Daily living with PIP then that does qualify you for the SDP with Income Related ESA, from the date on which you were first awarded the PIP Daily Living.
    Provided of course that you are classed as living alone, and nobody is claiming Carers Allowance for looking after you.

    So we now need to know if you are currently getting SDP paid with your ESA.
    If you can tell us how much ESA you are currently being paid then we can work out if the SDP is now being included or not.
    And please confirm if you are living alone or not, and if anyone gets CA for you.
    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.

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