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5 years 7 months ago #221041 by feebee
esa underpayment was created by feebee
HI to all, I was an incapacity benefit claimant transferred to ESA Oct 2012, 100% sure that it was contributory and not income related, and it certainly lasted for longer than 12 months, I was told this yesterday by an advisor at DWP that I would of only been on contributory which was standard for the first 12 months, and that I was definitely not an underpayment claimant, I was told that I was not one that would be looked at. Would your advise to me be to pursue this regardless what I was told (9/11/2018?) Because its not right I'm certain, it was a good while before I had any Disability premium added to my ESA and this was only brought to light because I wrote to them asking why I never ever received cold weather payments? I look forward to any glimmer of hope you may be able to give. Kind regards Fiona.

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5 years 7 months ago #221069 by Gordon
Replied by Gordon on topic esa underpayment
Fiona

To meet the criteria for the current review of ESA claimants you need to have been entitled to the payment of at least one of the ESA Premiums at the time you were transferred to ESA from IB.

So you need to have been placed in the Support Group on transfer, been in receipt of the DLA Higher Rate Care or DLA MRC or HRC, lived alone with no one claiming Carers Allowance against your DLA

If you do not meet these criteria at the time then it does not mean that you are not owed some level of back pay but you will have to pursue the matter yourself with the DWP.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems

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