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Think I'm owed about £9000 more than they gave me?
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7 years 2 months ago #179363 by Pip
Replied by Pip on topic Think I'm owed about £9000 more than they gave me?
The letter I received from the DWP decision maker says this,
"I looked at the facts of this case and could see that the claim to incopacity benefit was converted to ESA from march 2012. There is no record that he was offered, or requested, a claim to income related element of ESA at the time of the conversion, or at any time between the conversion, he would have been entitled to ESA (IR)
D&A reg 3 allows the decision maker to award the income related element of ESA from the date of conversion where it is clear that, had the customer been offered a full review of his award at the time of conversion, he would have been entitled to ESA (IR)
As the customer has NOT asked us to consider his ESA IR from the date of conversion, but from a later date, the review date will be the date the the customer first contacted us to notify us of his intention to ESA IR. this is because he has not applied for the period beginning at conversion and has not satisfied the decision maker that they would have had entitlement entitlement at that point. We have therefore reassessed his award from 1st June 2016"
"I looked at the facts of this case and could see that the claim to incopacity benefit was converted to ESA from march 2012. There is no record that he was offered, or requested, a claim to income related element of ESA at the time of the conversion, or at any time between the conversion, he would have been entitled to ESA (IR)
D&A reg 3 allows the decision maker to award the income related element of ESA from the date of conversion where it is clear that, had the customer been offered a full review of his award at the time of conversion, he would have been entitled to ESA (IR)
As the customer has NOT asked us to consider his ESA IR from the date of conversion, but from a later date, the review date will be the date the the customer first contacted us to notify us of his intention to ESA IR. this is because he has not applied for the period beginning at conversion and has not satisfied the decision maker that they would have had entitlement entitlement at that point. We have therefore reassessed his award from 1st June 2016"
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7 years 2 months ago - 7 years 2 months ago #179381 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Think I'm owed about £9000 more than they gave me?
Pip
I'm afraid the only way forward is for you to ask for a Mandatory Reconsideration, I would do so on three grounds.
- You were eligible to receive the Severe Disability Premium at the time of your transfer to ESA (I assume that this is the case and you can reasonably show it to be so).
- The DWP should have reviewed your eligibility for Income Related ESA at the time that you were transferred to ESA. The following RightsNet discussion covers the situation albeit for EDP.
www.rightsnet.org.uk/forums/viewthread/7199/
- It is not reasonable to assume that someone being transferred to a new benefit by the choice of the DWP would have knowledge of extra monies that they would have been entitled to after the transfer.
The ESA Appeal guide explains how to request the MR and has template letters to make the request.
Gordon
I'm afraid the only way forward is for you to ask for a Mandatory Reconsideration, I would do so on three grounds.
- You were eligible to receive the Severe Disability Premium at the time of your transfer to ESA (I assume that this is the case and you can reasonably show it to be so).
- The DWP should have reviewed your eligibility for Income Related ESA at the time that you were transferred to ESA. The following RightsNet discussion covers the situation albeit for EDP.
www.rightsnet.org.uk/forums/viewthread/7199/
- It is not reasonable to assume that someone being transferred to a new benefit by the choice of the DWP would have knowledge of extra monies that they would have been entitled to after the transfer.
The ESA Appeal guide explains how to request the MR and has template letters to make the request.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 2 months ago by Gordon.
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7 years 2 months ago #179414 by Pip
Replied by Pip on topic Think I'm owed about £9000 more than they gave me?
This is the part I find strange
As the customer has NOT asked us to consider his ESA IR from the date of conversion, but from a later date, the review date will be the date the the customer first contacted us to notify us of his intention to ESA IR. this is because he has not applied for the period beginning at conversion and has not satisfied the decision maker that they would have had entitlement entitlement at that point
As the customer has NOT asked us to consider his ESA IR from the date of conversion, but from a later date, the review date will be the date the the customer first contacted us to notify us of his intention to ESA IR. this is because he has not applied for the period beginning at conversion and has not satisfied the decision maker that they would have had entitlement entitlement at that point
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7 years 2 months ago #179431 by Pip
Replied by Pip on topic Think I'm owed about £9000 more than they gave me?
It's says in the letter I received from them that, "as the customer has NOT asked us to consider his ESA IR from the date of conversion (incapacity benefit to ESA in 2012) ect.
When would I have asked for this consideration for IR? During my during my 'IS3' form?
When would I have asked for this consideration for IR? During my during my 'IS3' form?
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7 years 2 months ago #179435 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Think I'm owed about £9000 more than they gave me?
PIP
you don't need to repeat your questions, Mods are only online at certain times of the day.
Have you actually asked for the SDP to be backdated to when you were transferred to ESA and have you supplied information for this period to show that you met the criteria for the Premium.
As a Decision has now been made your only way forward is to request an MR and if necessary an appeal.
Gordon
you don't need to repeat your questions, Mods are only online at certain times of the day.
Have you actually asked for the SDP to be backdated to when you were transferred to ESA and have you supplied information for this period to show that you met the criteria for the Premium.
As a Decision has now been made your only way forward is to request an MR and if necessary an appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 2 months ago #179700 by Pip
Replied by Pip on topic Think I'm owed about £9000 more than they gave me?
No they haven't asked for anything like that.
They are saying that since my IR top up was backdated to a certain point, my EDP/SDP can only be backdated to when I asked my IR top up started.
They are saying that since my IR top up was backdated to a certain point, my EDP/SDP can only be backdated to when I asked my IR top up started.
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