Login FormClose

Free, fortnightly PIP, ESA and DLA Updates

Our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare. Our mailing list is securely managed by icontact in the US.
Welcome, Guest
Username: Password:
Remember me
  • Page:
  • 1

TOPIC: ESA backdated eight years

ESA backdated eight years 1 year 4 days ago #197584

After many complaints letters and the CAB getting involved the DWP insisted I was on the correct amount of ESA. I'm on a low income insurance 'income protection scheme' through my employer after I squash my spine. I've gone through a tribunal to stay in the ESA support group which I won in 2012 but no one still picked up the problem. I've been on the contributions based ESA for the last 8 years and doubt I'll every return to work because of the problems I have with my spine. I'm still employed by my company which the ESA assessor finds hard to believe, next time I'm going to take a pay slip. Because my wage are so low I get a top up of ESA , after 2012 I gave up on getting the correct amount believing the DWP were correct. Last month I got a telephone call from the DWP saying we haven't been paying you the correct amount of ESA for the last eight years. At first I was delighted and then angry because it coursed a lot of hardship as I had a mortgage to pay. I've now had all the back dated money which was just under £10,000, I've paid a chunk of my mortgage, I've also had to inform the tax man as I'm on the cusp of having to pay tax. Do I have any legal rights for compensation for their incompetence...?

Please Log in or Create an account to join the conversation.

ESA backdated eight years 1 year 4 days ago #197602


I assume that they were treating your Income Protection scheme as pension income and deducting it from your ESA and they have now realised that as you are still employed it should have been disregarded.

I would start with a complaint to the DWP.

Complaining to the DWP

This may in itself result in some notional compensation but if you can show financial loss due to reduced ESA then you may receive more compensation, so if you have had any additional costs such as bank charges or interest on a credit card during the relevant period, then you should detail these as part of your letter

It may be that you will have to escalate your complaint, but you must follow their complaint process to be able to do this.


Please Log in or Create an account to join the conversation.

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

ESA backdated eight years 11 months 3 weeks ago #198202

Thanks Gordon, Yes they thought my Income protection scheme was my pension, for the last eight years they have asked for my wage slips which show IPS on them. Just about to start complaint to DWP, Thanks for the info.

Please Log in or Create an account to join the conversation.

  • Page:
  • 1
Moderators: bro58GordonMrs HurtybackIzzy1010LisaJenny Clarke