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Do they backdate ESA disability premiums?
- Dellilah
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4 months 3 weeks ago #292893 by Dellilah
Do they backdate ESA disability premiums? was created by Dellilah
So I recently was awarded - now that’s a funny thing to call it, eh? ‘Awarded’, like it’s some kind of prize? Although given how difficult they make it to claim, perhaps it is.
Anyway, I was successful in my first ever claim for pip thanks to the B&W guides. I’ve been on income related ESA for over a decade but due to fear of the system I never tried to claim pip. I suppose debt and the cost of living crisis compelled me, whereas I’d been using credit cards and help from friends before.
I claimed and was successful but it took months of stress and my hair falling out - it was horrendous.
I was on IR ESA, in the support group, with the enhanced disability ‘premium’. After being granted PIP I received a letter from the DWP asking me questions re whether I had any dependents or was a carer as I might be eligible for a different disability premium - I think the severe premium?
My question is, if they do grant me this premium, will they backdate it to when I returned the form/letter or when I was awarded pip?
Anyway, I was successful in my first ever claim for pip thanks to the B&W guides. I’ve been on income related ESA for over a decade but due to fear of the system I never tried to claim pip. I suppose debt and the cost of living crisis compelled me, whereas I’d been using credit cards and help from friends before.
I claimed and was successful but it took months of stress and my hair falling out - it was horrendous.
I was on IR ESA, in the support group, with the enhanced disability ‘premium’. After being granted PIP I received a letter from the DWP asking me questions re whether I had any dependents or was a carer as I might be eligible for a different disability premium - I think the severe premium?
My question is, if they do grant me this premium, will they backdate it to when I returned the form/letter or when I was awarded pip?
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- LL26
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4 months 3 weeks ago #292897 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Do they backdate ESA disability premiums?
Hi Dellilah,
Firstly well done for your persistence and success!
Severe disability Premium is paid to those on legacy or old style means tested benefits such as income related ESA. It becomes payable when you get a qualifying benefit such as PIP (ie with at least either daily living component) providing all the other requirements are met.
You need to be living on your own, sharing a house with non-family where you all pay individual rent would still count as being on your own.
In addition there has to be no one caring for you AND
claiming carer's allowance or equivalent under UC.
If you are a couple and both of you are sufficiently disabled and neither have carers claiming carer's allowance in respect of looking after you, you can get the higher rate if SDP.
You may still be able to get the lower rate if you partner is disabled and has a carer with carer's allowance, but you don't.
PIP awards should be backdated to the date when the initial claim is made. This means that if you fulfil all the criteria for SDP that should also start from the same date. Make sure you contact DWP ESA and inform them - it is always good to remind them as SDP is sometimes forgotten!! Also if you are claiming eg Housing Benefit let the Local Authority know. It is also possible that by qualifying for SDP you may get more Housing Benefit.
I hope this helps.
LL26
Firstly well done for your persistence and success!
Severe disability Premium is paid to those on legacy or old style means tested benefits such as income related ESA. It becomes payable when you get a qualifying benefit such as PIP (ie with at least either daily living component) providing all the other requirements are met.
You need to be living on your own, sharing a house with non-family where you all pay individual rent would still count as being on your own.
In addition there has to be no one caring for you AND
claiming carer's allowance or equivalent under UC.
If you are a couple and both of you are sufficiently disabled and neither have carers claiming carer's allowance in respect of looking after you, you can get the higher rate if SDP.
You may still be able to get the lower rate if you partner is disabled and has a carer with carer's allowance, but you don't.
PIP awards should be backdated to the date when the initial claim is made. This means that if you fulfil all the criteria for SDP that should also start from the same date. Make sure you contact DWP ESA and inform them - it is always good to remind them as SDP is sometimes forgotten!! Also if you are claiming eg Housing Benefit let the Local Authority know. It is also possible that by qualifying for SDP you may get more Housing Benefit.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Dellilah
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4 months 3 weeks ago #292929 by Dellilah
Replied by Dellilah on topic Do they backdate ESA disability premiums?
Thank you, LL26, for such a thorough and informative reply. I’ve been on IR ESA for many years in the support group and also housing benefit which is paid in full so I don’t think I need to contact them?
I received the letter asking me questions about whether I lived alone, etc., and it said it was to see if I might be eligible for a different disability premium. It must have been ‘triggered’ by the system as I didn’t contact anyone about it beforehand.
I’m a bit worried this may also trigger a review of my ESA which I’ve been fortunate enough not to have for over ten years - I’ve no idea why that happened as I used to be reviewed every two years or less. I think I must’ve slipped through the cracks somehow.
I was so relieved at receiving the PIP that I didn’t want to rock the boat with a mandatory reconsideration even though there are some errors in the report. Having read a few other posts I’m wondering if I should have addressed those errors even if I wasn’t asking for a MR?
I received the letter asking me questions about whether I lived alone, etc., and it said it was to see if I might be eligible for a different disability premium. It must have been ‘triggered’ by the system as I didn’t contact anyone about it beforehand.
I’m a bit worried this may also trigger a review of my ESA which I’ve been fortunate enough not to have for over ten years - I’ve no idea why that happened as I used to be reviewed every two years or less. I think I must’ve slipped through the cracks somehow.
I was so relieved at receiving the PIP that I didn’t want to rock the boat with a mandatory reconsideration even though there are some errors in the report. Having read a few other posts I’m wondering if I should have addressed those errors even if I wasn’t asking for a MR?
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4 months 3 weeks ago #292945 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Do they backdate ESA disability premiums?
Hi Dellilah
Only you can make that decision, remember that address the errors may not trigger a higher award and for some claimants we have heard from on the forum has caused an adverse effect.
Gary
Only you can make that decision, remember that address the errors may not trigger a higher award and for some claimants we have heard from on the forum has caused an adverse effect.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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