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Thread: ESA Backpayments since 2013 - 2018

  1. #1

    ESA Backpayments since 2013 - 2018

    Hi, can i get some advice on what to expect from the DWP as i have already put through my ESA3 form but have heard nothing from them for over a month. here is some more info below

    I got a letter from DWP on 03 April 2019 saying you were paid CB ESA from 21 september 2013 to 22 febuary 2018 (switched from IB) Incapasity Benefit.
    you might also be eligible for Income related ESA for the above dates (2013 - 2018)
    If you are you may eligible for extra payments

    I also had a ESA assessment in febuary 2019 and passed (i think its just to be sure i am titled to the backpayments)
    I got put on ESA Income Related in febuary when i went for assessment and passed and was on CB before that.

    I was also on PIP Enhanced rate from 2016 to 2018

    what i get now each week:
    I get £102 each week on IR ESA (but i got less than that before febuary)
    i get standard rate DL on PIP as of 9 april 2019

    am i eligible for the backdated money and how much if anyone knows as i have not heard from them for a month or so

    Thank you, any thing else please feel free to ask if you need more info

    Dean

    EDIT:
    I live alone in a one bed flat.
    I do not have any savings
    I am sngle
    Last edited by deandeandean; 06-04-2019 at 05:11 PM.

  2. #2
    It took 5 months for them to reach a decision in my case so it may be a while yet before you know.

  3. #3
    Senior Member nukecad's Avatar
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    Hi Dean,

    A few things aren't quite clear from what you are saying there.

    For you to have been getting Contribution Based ESA from 2013 until your last reassessment you would have to have been in Support Group.
    Then for you to be switched to Income Related ESA you would have to have been moved to WRAG following that assessment.
    The DWP letter seems to confirm that you were in Support Group, but the February 2018 date they give is confusing things a bit.

    £102.15 is currently the correct figure for someone in WRAG, (without premiums).
    It's also confusing that you say you were getting less money than that before the reassessment, if you were on CB ESA in SG it should have been more.

    As said that February 2018 date is confusing things, is that when you had your reassessment? Or was your reassessment in February 2019?
    (It may be that the 2018 date is simply when your PIP ended)

    Unless there is something else we don't know about. eg if you had a partner or savings in the past, then:

    You should be due backpayment of the Enhanced Disability Premium from when you transfered to ESA in 2013 until it stopped being CB ESA.
    So:
    1- Can you confirm that you were in Support Group until that reassessment? (And confirm which year the assessment was?)
    2- If you are not sure then could you tell us how much ESA was being paid before the reassessment?

    It does also sound as if you are indeed owed some money (backdated Severe Disabilty Premium) from the time when you were on PIP.
    So:
    3- Could you confirm that was PIP Enhanced Daily Living component? (and not just Enhanced Mobility).
    4- Can you confirm the dates PIP started and ended?
    5- Was anybody claiming Carers Allowance for looking after you?

    It sounds as if you may be owed quite a substantial amount of backpay. (£10,000 plus).

    Just how much will depend on the clarification of the answers I asked above.

    If we can clear up those 5 questions I have put in bold above, including the PIP dates, then I should be able to work out just how much you are likely to be owed.

    PS. As Cathycat says it can take months for the DWP to check things out and pay the backpayment due.
    They are doing thousands of these reviews.
    Some members here have already had their backpayments, some have not even been contacted yet.
    Last edited by nukecad; 06-05-2019 at 12:39 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.

  4. #4
    Hi sorry for the confusion.

    I was on IB from 2008 till 2013 when they put me onto CB ESA in 2013 (as i had to wait for a long time i think it was 52 weeks before i could get a budgeting loan) i think i then got put in the WORK RELATED GROUP since then, as i get a phone call every 6 months to see how im doing by a lady at the job center (as i was diagnosed with psychosis)
    not sure if any of that helps. just i dont have any papers from years ago and trying to do this by memory.

    I was getting £112 each week on IB from 2008 - 2013 but when i moved to CB ESA i got less, i think it was £95 or something not to sure.
    I now get £102.15 each week as i'm on ESA IR

    I have a photo of a letter i sent to pharmacy2u here that says
    ESA Income-Related
    Claim Start Date 17/02/2018
    at a weekly rate of £102.15

    i was getting PIP Enhanced Daily Living component from January 2016 to november 2018 £340 each month and a top up on my esa was about 60-70 £ per week
    no one has claimed carers allowance for me and never have done.
    i live on my own and dont have any savings, never have. i am single and always have been

    also my letter (ESA3) i got says that i was on 'CB ESA from 21 september 2013 to 22 febuary 2018'
    That is near enough when they put me onto ESA INCOME RELATED on the 17/02/2018
    so are they saying that i was on CB ESA for over 4 years???

    I hope this helps, any more info please ask and also thank you @nukecad
    Last edited by deandeandean; 06-05-2019 at 02:32 PM.

  5. #5
    Hi Deandeandean We sent forms off on 14th December 2018 to see if hubby qualifield for any back pay.Although we have had letters asking for proof of savings between certain dates which we sent by return post and they acknowledged they had received them we have not heard anything from them.The last correspondence was in April I think.
    We keep saying it's either a very very complicated claim or they keep putting the forms to the bottom of the pile.To be honest we aren't expecting anything but it would be nice to know one way or the other.

  6. #6
    I have read on here that people have waited for up to 5 months to get there back payment. so i'm not expecting it to be fast so im prepared to wait, just wanted to know if im entitled to it and how much if i am. thank you for your reply and good luck on your hubbies claim, have a nice day

  7. #7
    Senior Member nukecad's Avatar
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    Hi Dean,

    Thanks for that, it's still a bit confused but I think I can work it out. (Are you sitting comfortably?)

    It is difficult to remember details if you didnt keep your old letters.
    (Quite a few of us get folders and keep everything that the DWP sends us, you never know when you might need a years old letter).

    If you were put in WRAG on the transfer from IB then CB ESA would only have lasted for 52 weeks (till Sept 2014) at which time it would gave changed to IR ESA.
    And the budgeting loan confirms that, you can't have a BL with CB benefits it has to be IR benefits.
    So to get a budgeting loan in back then you would have to have had IR ESA.

    However the DWP are saying that you were on CB ESA until Feb 2018 which should not have been possible unless you were in Support Group?

    I can only think that the DWP have made an error with the Feb 2018 date on that letter.
    I can see how they might have got confused, (they are mixing up the CB end date and the PIP end date).
    But it shouldn't make any difference here.

    It is further confused in that your IB amount of £112 should have continued to be paid, there was supposed to be a guarentee that you wouldn't get less money on ESA. (more about that below).

    I'm still not sure where the "£90 or something" is coming from?
    Could you be misremembering?
    (I can see it being that in 2014, you would be paying back the budgeting loan).


    So let's say that you have always been in WRAG whilst on ESA, CB untill Feb 2014, IR after that, - and that the 2018 date on the DWP letter is their mistake.

    As you were in WRAG then you wouldn't have beem automatically entitled to the EDP with your ESA.
    But you would have been entitled to the EDP for the time that you were on PIP.

    Similarly whilst you were on PIP you should have had the SDP added to your ESA. (It doesn't matter which group).

    If those premiums weren't paid at the time then they owe you backpay for them.
    EDIT - I've just re-read you previous post and you say that you were getting a 'top-up' paid on your ESA at the time.
    (Did you add that in an edit?)
    In 2016 SDP was £61.85 and EDP was £15.75, were you getting paid both of those?

    If so then there will not be any backpay to come for them.
    If you only got one of them then there should be backpay for the other.


    That then leaves the question of why they were not paying you a Transitional Addition so that your money was the same as with IB (£112).

    The DWP guidance at the time (2011) said:
    Where a customer currently receives more on their existing incapacity benefit than the appropriate ESA rate, a “transitional addition” will be awarded on top of their ESA entitlement to ensure that, at the date from which their award converts (“the effective day”), their overall benefit entitlement is protected. This transitional addition is an amount equivalent to the shortfall between the existing benefit entitlement and the ESA entitlement.
    From what I can see they should have been paying you that to make your money up to the same as the IB was.
    That should have lasted until you started claiming PIP and so became eligible for the disability premiums.
    In which case they also owe you backpay for that.

    I can also do a calculation for that.
    It's a bit tricky and would help if I knew the exact amount of IB your were getting, but can do it roughly using £112 if that's all you can remember.

    I have to go out shortly so it may be tomorrow before I can post the calculation results.

    Be aware that it's probably also going to take the DWP a while to comfirm their records and calculate everything.
    I wouldn't expect any backpayment for a few months at least.
    Last edited by nukecad; 06-05-2019 at 02:58 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
    yes it was about £99 from when i first started CB ESA in 2013 as i remember ringing up and asking why my payments were less and got told thats just the way ESA is worked out or something along those lines.

    also the letter i had a photo of is just a Benefit statement letter i asked to be sent out to me as proof that i get ESA to show Pharmacy2u
    so i don't have to pay for my prescriptions, but that shows when my claim for Income Related ESA was started.
    ESA Income-Related
    Claim Start Date 17/02/2018
    weekly rate of £102.15

    I think it is right them saying i've been getting CB ESA since Feb 2018 as i can remember slightly a letter that states on it, how my money is worked out and how much i will get paid, i'm sure i seen on there some where saying... 'because you are in the support group' and it had a figure next to it but cant remember how much. BUT i may be wrong though.

    also i think they have had me on CB ESA since the start of the switch over from IB up until February 2018
    I've been in the WRAG even when i got awarded Enhanced Daily Living PIP from January 2016 to November 2018

    I was getting PIP Enhanced Daily Living component from January 2016 to November 2018
    £340 each month and a top up on my ESA was about 60-70 £ per week as i got £170 each week on ESA when i was awarded PIP Enhanced Daily Living.

    Thank you Nukecad for your help on this.

    EDIT:
    Since i was getting £112 on IB does that mean i am due back pay for that, about £10 for each week from September 2013 to February 2018 as i have always been paid £99 - 102 on ESA and never been paid the £112 what i was getting on IB even if it was guaranteed to be the same when everyone got switched from IB to ESA
    Last edited by deandeandean; 06-06-2019 at 10:54 AM.

  9. #9
    Senior Member nukecad's Avatar
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    I think the main problem here is that you are relying on what you can remember, and maybe not remembering that sucessfully.
    (It would have been clearer if you had kept the letters).

    The Benefits Statement (it will be an ESA124) that you refer to gives the "Claim start date" as your last assessment decision.
    So 17/02/2018 is simply when you had your last reassessment decision, it is NOT when you first went on IR ESA.

    Similarly with you thinking that you remember being in Support Group at some stage.
    If you had been in SG then your ESA payments would have been much higher, (especially if it said 'because you are in the support group' and gave an extra payment of EDP).
    But you say that they have always been around the £100 mark, which indicates it was always WRAG.
    I think that what you are remembering is more likely to have said 'because you are disabled' (or similar) when you were claiming PIP.

    As I said above the fact that you got a Budgeting Loan in 2014 shows without doubt that you were getting IR ESA at that time.
    You can only get a Budgeting Loan if you are getting an IR benefit.
    The fact that you had to wait 52 weeks to be on IR ESA and get the loan also indicates that you were in WRAG and not SG.
    Because CB WRAG (which you were on for the first 52 weeks) becomes IR WRAG after 52 weeks.

    Again you now say that you were getting the disability premiums added added to your ESA when you where getting PIP.
    So you must have had IR ESA at that time as well, the premiums are not payable if you only have CB ESA.

    I am sure that the DWP letter is wrong. They are well known for getting the dates wrong on letters like that, it happens all the time.

    Taking all the above into consideration it does look that you have been paid the correct Disability Premuims that you were due at the time you were on PIP.
    So there will be no backpay to come from those.

    However it does look as if for some reason the Transitional Addition was not paid. (I remember another case here where that happened).
    From what you have said then this should normally have been paid from the start of your ESA on 21 Sept 2013 until you became eligible for the Disability Premius when you went on PIP in Jan 2016.

    (It's not quite as simple as so may weeks at so much money, the TA changes from year to year as the standard ESA rates changes. But as a very, very, rough guide then yes you could say Oct 2013 to start of 2016 equals 120 weeks at £10 giving £1,200).

    Whilst the team looking at the review were originally set up only to look at the IR premiums they are aware that the TA can be involved and may/should pick that up if you hadn't got paid it when you should.

    You need to wait for the letter giving you the results of the review.
    If they correct the TA, and backpay for it, then all well and good.
    If they don't then it will be time to try and get that corrected.
    We can help with that if it's needed, but until they have finished this review (which may/should pick it up anyway) then it's to early to start and will only confuse things if you try at this stage.

    Sorry but for now it's just a case of waiting for them to get back to you after checking out the form you returned, and the records that they hold.
    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
    OK thank you for that, that does clear things up.

    i will wait for them to get back to me and then up date you on this thread if i can

    Thanks again and have a nice day Nukecad appreciate the help.

    EDIT:
    Can you help with one more thing.
    I am getting Daily Living PIP standard rate, am i entitle to get any top up on my ESA and how much if i am.

    just i havent heard from dwp no letters or anythng since i got PIP awarded 3 weeks ago.

    i got back dated pay from 9th APRIL 2019 for the PIP that gets paid each month but no letters saying i will get top up on my ESA
    Last edited by deandeandean; 06-06-2019 at 02:34 PM.

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