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potential backpayments of underpaid ESA - questions

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So due to the news that has came out about the DWP underpaying claimants it looks I have been identified as one of these people and got a letter last week from the DWP.

 

This letter required me to fill in a ESA3 form, and I have as a result of that information had to send in bank statements for the entire 4 years identified but I was told over the phone if I Cannot do for the full 4 years just to send what I can, since I feel they only need to see from the point I got my DLA lump sum, I sent from the few weeks before that to the end of the period so from 2014 to 2016, but the period covered is from 2012 to 2016.

 

I have looked here at some information.

 

https://www.gov.uk/disability-premiums-income-support/what-youll-get

and

https://www.gov.uk/disability-premiums-income-support/eligibility

 

From 2012 to 2016 I got no disability premiums at all and I was in the SG on contribution based ESA.

I had no other income and savings below £6000

 

It looks like they are preparing to qualify me for backdated IR topups, which would add enhanced disability premium, for most of the 4 years, I think there would be a few weeks where I wouldnt qualify because I got a backdated DLA award which took me over £6000 for a few weeks.

 

However there is also a normal disability premium, the qualifying criteria is stated as getting some form of DLA and not been on IR ESA.

 

This is where my questions are focused.

 

So

 

1 - If I was backdated DLA for a period of 2 years, am I counted as been on DLA for those 2 years? or just from the date I was given the backdated lumpsum?

2 - If I am counted as been on CB ESA but with IR ESA topups, how does that work for the normal disability premium, when it states not been on IR ESA I am assuming it means you must be on CB esa, which I was, but its confusing as it might mean if you on CB ESA with a IR topup you still dont qualify.

 

I want to know as it may mean I am owed more money than originally seemed, obviously I appreciate any advice on this matter.

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1) Your entitlement to any disability premiums is based on the start date of your entitlement to DLA/PIP, and not the date you were actually paid those benefits.

 

2) Premiums are payable if you receive even 1p of ESA(IR) or, crucially, you have an underlying entitlement to it. What this means is that if you would qualify for ESA(IR) but don't actually receive it because your ESA© has taken precedence, you can still be considered for premiums.


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