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Reporting a change query
- Robinson_jon
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7 years 1 month ago #185275 by Robinson_jon
Reporting a change query was created by Robinson_jon
Hi
I'm advocating on behalf of a lady on Contribution based ESA (support group) who was in a relationship with someone who was also CB-ESA (SG). As is the case with all recipients of this benefit, they received their benefit separately and all correspondence was sent separately. They also both recieve PIP at the higher rate of daily living, but this isn't relevant I believe.
They split up last year, and it has now been realised that they hadn't reported the change. This means that they are still being treated as a couple and are at a loss each week of approximately £15 each for a disability premium that is added to a single persons ESA who are in the aforementioned category.
Two questions:
1) They haven't reported a change in circumstances that affects them negatively. Will they get in trouble for not doing that?
2) How far back does DWP 'backpay' this error, if at all?
Thanks in advance.
I'm advocating on behalf of a lady on Contribution based ESA (support group) who was in a relationship with someone who was also CB-ESA (SG). As is the case with all recipients of this benefit, they received their benefit separately and all correspondence was sent separately. They also both recieve PIP at the higher rate of daily living, but this isn't relevant I believe.
They split up last year, and it has now been realised that they hadn't reported the change. This means that they are still being treated as a couple and are at a loss each week of approximately £15 each for a disability premium that is added to a single persons ESA who are in the aforementioned category.
Two questions:
1) They haven't reported a change in circumstances that affects them negatively. Will they get in trouble for not doing that?
2) How far back does DWP 'backpay' this error, if at all?
Thanks in advance.
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- Gordon
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7 years 1 month ago #185297 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Reporting a change query
JS
If they are only receiving ESA(CB) then neither of them is entitled to the payment of any Premiums that they may be eligible for.
If one of them was receiving ESA(IR) as a top up to their ESA(CB) then they would have been paid as a couple, so if they have not notified the DWP about the split then this could be a serious matter requiring re-payment of the excess payments.
On the assumption that this is not the case, then they should, separately, contact the DWP and ask to be assessed for ESA(IR) this is done through an ESA3 form. If they are eligible then they may be entitled to the Enhanced Disability Premium for being in the SG and the Sever Disability Premium due to their having a PIP Daily Living award and living alone.
Gordon
If they are only receiving ESA(CB) then neither of them is entitled to the payment of any Premiums that they may be eligible for.
If one of them was receiving ESA(IR) as a top up to their ESA(CB) then they would have been paid as a couple, so if they have not notified the DWP about the split then this could be a serious matter requiring re-payment of the excess payments.
On the assumption that this is not the case, then they should, separately, contact the DWP and ask to be assessed for ESA(IR) this is done through an ESA3 form. If they are eligible then they may be entitled to the Enhanced Disability Premium for being in the SG and the Sever Disability Premium due to their having a PIP Daily Living award and living alone.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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