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Am I eligible for a £3146.50 ESA back-payment?


orangelemon
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Hello all,

 

I applied (well, my support worker applied) for both ESA and DLA at the same time on 19th Sept 2011. The ESA came through straight away, and I was placed in the support group and have been in it since. The DLA took around 5-6 months, but eventually I was awarded higher rate care and lower mobility.

 

I am about to stop claiming ESA and try and start work, starting Monday in fact. I have been reading about council tax, and stumbled upon the 'premium' system.

 

It seems all this time I have been eligible for various disability premiums all this time and unaware that I am eligible. I think perhaps the fact that in between my ESA claim and DLA coming through I had a new support worker contributed to this - I didn't fill any of the forms out myself. I hadn't read anything about premiums on the ESA rates website and assumed the standard rate was exactly that, standard.

 

To be honest I think there is a chance my support worker did indeed send off the DLA award letter once I got it. I'm surprised they didn't just realise themselves, I mean they are all the DWP, isn't it all on their system under my NI number?

 

By my calculation, according to this, I should have been receiving £326.6 fortnightly but have only been receiving £236.70 - I have been underpaid £89.90/fortnight for 70 weeks, totalling approx £3146.50.

 

I am confused by the rules regarding revisions and supersessions and need some advice. I have accumulated considerable debt over the period of being on ESA due to a lack of basic funds and such a backpayment would be a godsend, I could finally pay off all this debt.

 

I have tried to call the DWP to no avail, I was on hold for an hour and the phone cut off. I will try and call back during off-peak times but I thought it best to seek advice here.

 

To give you some more information, I am 24 and live alone. I have no dependants and no parter or anything else like that. I am set to start work on 28/01/13 so it's important that if I am entitled I get it sorted asap. I haven't notified DWP for ESA yet, that's what I was calling for today.

 

Thanks in advance guys.

 

EDIT:

I have been thinking about this and I have never had an ATOS medical assessment. My DLA had come through by the time they wanted me for an assessment, and they said to me that I didn't have to do it as I'd already been confirmed in the process of my DLA claim. So surely they knew I was in receipt of DLA?

Edited by orangelemon
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I am quoting http://www.disabilityrightsuk.org/f36.htm

 

4. Revision

 

A revision takes effect from the date of the original decision. So, if you have been overpaid (or underpaid) your back payments (or repayments) are due from the date of the original decision.

 

‘Any grounds’ revisions and ‘any time’ revisions

 

While a decision can be revised on any grounds if you apply during the dispute period, the position is different if you apply after it has ended. In this case the DM must be satisfied that ‘specific grounds’ exist. The grounds must exist whether the claimant applies for the decision to be revised or the DWP revise it on their own initiative. The most common grounds are that:

 

the original decision was based on an official error;

the decision was made in ignorance of the full facts ;

an appeal against the decision has been lodged but not yet decided;

a second benefit has been awarded and as a result the claimant is due an increase in the benefit being revised from the date of the decision (for example an increase in income support is due because of a backdated award of disability living allowance).

If you disagree with the decision on revision, you can appeal within a new dispute period which starts on the date when the notice of the revision is sent or given to you.

 

"a second benefit has been awarded and as a result the claimant is due an increase in the benefit being revised from the date of the decision (for example an increase in income support is due because of a backdated award of disability living allowance)."

 

This sounds similar to my position but I am not too sure. It's all I could find regarding back payments and DLA.

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I got the enhanced rate premium as part of my regular ESA payments as soon as I was placed in the support group. As for the severe disability premium, nystygmite is correct in that you have to inform ESA of your change in benefits, and you need to request an IS10 form.

 

Once they have received the IS10, they will then add the severe disability premium. This is not a form that is automatically sent out to those with entitlement, you need to ask for it.

 

As for backdating, you will get expert advice as to whether it's possible, but I know I had a bit of grief getting mine backdated 2mths because of non receipt of the IS10 forms. I will check back on my IS10 form thread as several people did give advice on backdating. I have a feeling that they can only do it for one month though, but am not an expert so please don't take as gospel.

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Have checked the thread and the advice given to me was that they only backdate for one month. I managed to get 2mths backdated because they accepted that there had been issues sending out the forms, and this fortunately, had all been logged on their system, and was awarded the premium from the date I'd notified them of my change in benefits. The experts will be along soon.

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I got the enhanced rate premium as part of my regular ESA payments as soon as I was placed in the support group. As for the severe disability premium, nystygmite is correct in that you have to inform ESA of your change in benefits, and you need to request an IS10 form.

 

Once they have received the IS10, they will then add the severe disability premium. This is not a form that is automatically sent out to those with entitlement, you need to ask for it.

 

As for backdating, you will get expert advice as to whether it's possible, but I know I had a bit of grief getting mine backdated 2mths because of non receipt of the IS10 forms. I will check back on my IS10 form thread as several people did give advice on backdating. I have a feeling that they can only do it for one month though, but am not an expert so please don't take as gospel.

 

Thanks a lot for the solid advice.

 

I've just spoken to the ESA guy at my JC who called about me starting work on monday and he said, if I am indeed eligible and the DWP was aware all this time they should in theory backpay me from the date they were aware. As I mentioned, the fact that they told me 13 weeks in that I didn't need to do an ATOS assessment because of my recent DLA award makes me think that they must have known. Does that sound logical to you?

 

He told me to call them right now before he notifies them that my claim is closing down.

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Did you contact them and inform them about your change in benefits, and entitlement to the premiums ?

 

Please see above.

 

I did not personally formally inform them with IS10, however it is possible my support worker did but I have no way of checking as it was so long ago.

 

As I mentioned, the fact that they told me 13 weeks in that I didn't need to do an ATOS assessment because of my recent DLA award made me assume that they already knew I was in receipt of DLA.

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Ahh ok...hang on in there and the experts will be along shortly to help you sort all this out for you. Sorry I was unable to help you more fully.

 

No problem, you gave me hope!

 

On the phone now. Very hopeful!

 

EDIT: The lady said it's very strange that she can't see my DLA eligibility because usually it is all linked, and usually they should have send out a change of circumstances form automatically. I am certain I do indeed get DLA as I called only last week to ask for a replacement award letter.

 

She said she will send out a change of circumstances form to me and advised me to attach a letter advising that I have indeed been receiving DLA and eligible for the award all this time. She said in usual circumstances they can only backdate up to three months but she told me to put the date since I've been receiving DLA so they will backdate it from then. (she was kind of unclear on this, I didn't fully understand what she meant)

 

I suppose I should draft a letter to DWP/DLA now rather than wait for the form? I will try to do one now but would appreciate if anyone could direct me to a template or something like that as I'm not very good at formal letters, nor am I sure what to write!

 

I need to shower and make some food but would really like to get this letter out and posted before 5pm, so if someone could help before then I'd appreciate it, it's a struggle doing it all on my own!

Edited by orangelemon
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The DLA award wouldn't exempt you from the medical.

 

You need to basically inform them that you receive high rate care DLA and the date this is effective from. (you have the date on your DLA award letter) You need to then tell them that you live alone and no-one claims carers allowance for you and that you live alone, therefore, this means you're eligible for the severe disability premium.

 

If you receive housing and /or council tax benefit, you need to inform them too.

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The DLA award wouldn't exempt you from the medical.

 

I don't mean to seem rude, but I'm fairly certain that's what they said. How else would I have qualified for the support group with no ATOS assessment at all, for 60 weeks?!

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I don't mean to seem rude, but I'm fairly certain that's what they said. How else would I have qualified for the support group with no ATOS assessment at all, for 60 weeks?!

 

Because your evidence / ESA50 was enough for them to make a decision.

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I'm not sure why they'd have told you that, but nystagmite is correct, in that when they make a decision regarding eligibility for ESA, it's done solely on the evidence you provide, and information you have supplied on the ESA50.

 

I am in receipt of high rate mobility and middle rate care of DLA, but failed the assessment with zero pts, and had to go to tribunal to be put into support group. My DLA award was not taken into consideration in any way. They must have been satisfied with the evidence you gave.

 

I have read a lot of posts by nystagmite, and he has a vast amount of personal experience in this area, and will give really good and well informed advice.

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you have to inform ESA of your change in benefits, and you need to request an IS10 form.

 

Once they have received the IS10, they will then add the severe disability premium. This is not a form that is automatically sent out to those with entitlement, you need to ask for it.

 

As for backdating, you will get expert advice as to whether it's possible, but I know I had a bit of grief getting mine backdated 2mths because of non receipt of the IS10 forms. I will check back on my IS10 form thread as several people did give advice on backdating. I have a feeling that they can only do it for one month though, but am not an expert so please don't take as gospel.

 

No this is administrative and you should not have to request anything.

 

There is no backdate as the premium should be paid from the date you became eligible for it.

 

So your DLA was not back dated you received a lump sum for the period you were waiting for the decision from application. It's the same for ESA if you appeal or on 1st application have to wait longer than 13 weeks it was not back dated you received a sum for the part you didn't receive as you were waiting on the correct entitlement decision.

 

A back date is saying well I was eligible but did not apply for the benefit because..... so would you please look at it from x months before I applied.

 

Same with premiums once DLA is decided then the premium is applied/paid from the date the DLA award starts. Not the decision date.... with DLA the award date is usually the date you applied.

 

Best bet is to bang your details into a benefit calculator and see what it says as I'm too ****ed to use google usefully.

 

With HRC it's not SDP it's EDP http://www.disabilityrightsuk.org/f31.htm#Enhanced

 

Enhanced disability premium

 

You or your partner must satisfy one of the following:

be in the support group

be under the qualifying age for pension credit and receiving the high rate care component of disability living allowance

 

If you have a partner you will be paid the couple rate of this premium.

 

The nuance of the English language means backdated has multiple meanings.

 

You need to check the regs on ESA premiums maybe bang your details in to a benefits calculator as you don't say if you are on Contribution or Income based ESA?

 

Note the premium is paid by ESA here as it's the dominant benefit so it's the ESA folks you need to talk to too get payment.

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  • 1 month later...

My letter was delivered and signed for but has been ignored. Does anyone know how I should proceed? The telephone assistants are rather unhelpful. Is there another address I can send it to? A 'big boss' email address I can contact?

 

Thanks in advance guys

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