Hi All,

I need urgent help as I am in a difficult situation right now. I applied for IIDB back in march 2010 and had it point blank refused after only receiving 10% on assesment. With this I appealed and finally went to tribunal in November 2010. I won my tribunal with an assment of 25%. The date on the decision notice was to be from 07/07/2009 up till 2012. I am in receipt of both income related and contributory ESA since august 2009 and im also awaiting tribunal for this benefit aswell. I am also in receipt of DLA at middle rate care and lower rate mobility.

I contacted IIDB today to find out when my backdated money would be paid and when my benefit would start and I have been told that ESA are reclaiming all of my backdated IIDB. Can they do this or should they pay me and then ESA reduce my payments?

I really needed that backdated money as christmas is on the way and they have really screwed me over in a big way. Any information would be greatly appreciated.

Many many thanks

Hello phillyg. I just recieved your PM. I had already read your post, but sadly don't know about this or I would have replied to you.

Please try to be patient and someone who understands your query should be along soon.

My best, HB

Ok thankyou I will hang on in there.

i aplied for esa and also get industrial injuries

they told me they take it into account when paying esa and deduct it from what i would get

so i didnt bother claiming esa as result of industrial injuries deduction wouldnt of been woth it

this was recent aswell

Hi thanks for response but can they reclaim my IIDB backdate without even paying it to me?

Hi all,

I have just found this piece of information on department for social development and it states the following

Industrial Injuries Disablement Benefit (IIDB)

IIDB is for employed people who become disabled due to an accident at work or

from a prescribed industrial disease.IIDB is not appropriate for the self-employed.The amount of benefit received

is determined by the degree of

disability.IIDB is non-taxable, non-contributory and not

means-tested.IIDBdoes not overlap ESA and so can be paid at the same time.

DOES THIS MEAN THEY SHOULD NOT TOUCH MY BACKDATED MONIES OWED????? AND THEY SHOULD PAY ME????

PLEASE PLEASE CAN SOMEONE LET ME KNOW

THANK YOU

hya

sorry but dont know the answer if they will take backdated money

going off what i was told by one of the staff they will try

good luck with your fight m8

Cheers amte I have also taken a look at the HM Treasury and it states on there that house holds on benefits will face a cap of £500.00 per week. But all these changes will not be put into force until 2013. My claim for IIDB runs out in 2012. So surely this would not affect my current claim.

Hi, I get industrial injuries benefit and they take it straight out of my esa. I went to the medicals and filled in the forms for nothing too, I was found 28% disabled.

It was the DWP who told me to claim it and said that it wouldn't be stopped out of my esa but it was.

I'm sorry for you especialy if you were relying on that money. I hope you sort something out.

Are you in receipt of both income related and contirbutory ESA?? Do you think they should pay me my backdate and then claim it back from my future payments of esa??

do they take the full £43.00 or does it make u a little better off???

They should ahve paid me in the region of £3000 backdated payments and now they say esa are reclaiming the lot.

Hi Philly,

So sorry to read of your problems.

Looks as if it's because part of your ESA is income based rather than fully contribution based, and because of this they are offsetting your back pay. However I would have thought that they could only offset against the means tested portion of your ESA, not the contribution based element. Have you calculated the exact amount of each for the period covered to check their figures?

Either way I'd go to the CAB if I were you and see if there's anything they can do to help.

Hope it gets sorted for you,

Kind regards

Elsa

Hi Elsa,

Thanks for your response. I have been taken to hell and back by these people first they refuse my esa so I have had to appeal and awaiting tribunal. This has been going on for well over a year now. Then I applied for DLA of which I had to appeal and then taken to tribunal of which I won middle rate care and lower rate mobility. Then I was told to apply for IIDB of which was refused and then I appealed and then got taken to tribunal. Yet again I won and was granted 25% instead of 10%. They are treating me like dirt and causing me so much stress. I have gone to MP'S and even taken my esa to ICE (independant case examiner). They should not be able to get away with this as it really does feel criminal. All I wanted was to win my IIDB so that I got what I was entitiled to. I never asked to be on income related esa as I had previously paid enough national insurance contributions. I just wanted to be able to give my children a good christmas especially as I have not been able to do alot else for them with my health problems. Not having a good time.

Hi, they take the full amount. I am no better off at all.

Philly,

Were you receiving any income related ESA for the same period that the backdated IIDB covers?