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ESA mistake?

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6 years 4 months ago #202682 by Ruthybabe
ESA mistake? was created by Ruthybabe
Hi, because of hearing about the mistakes made with transferring people from IB to ESA I thought I'd look into my situation. I was transferred in Feb 2013 and put into support group on contribution based ESA. I have a private pension from a divorce settlement and at that time it was about £35 a week. It increases a bit each year. I also got DLA at high rate mobility and low rate care.
Roll on to 2016 and I was transferred to PIP and got enhanced for both components. I was still on contribution based ESA support group but looking into it found out I would be better off going over to income related as I live alone so get the top ups and also for the enhanced PIP.
Anyway I rang DWP and they are telling me they have me down on their files as going from IB to income related ESA back in 2013. It was always contribution based. What I'm hoping someone can help with is, will they owe me money or will I owe them? I know it's a bit long winded but I wanted to give as many facts as possible. They are sending me a form to fill in but in the meantime I'm just concerned what all this means.
Thanking anyone in advance

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6 years 4 months ago #202694 by Gordon
Replied by Gordon on topic ESA mistake?
Ruthybabe

You won't have to pay anything back.

You would not have been transferred from IB to Income Related ESA, despite what the DWP have said.

You could have received Contribution Based ESA with an ESA(IR) top-up but this is at the heart of the underpayment problems, in that claimants were not assessed for their entitlement to ESA(IR) when they were transferred/

Whether you are owed any money will depend on your circumstances, your pension will reduce any money that you might receive.

Gordon

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6 years 4 months ago #202702 by Ruthybabe
Replied by Ruthybabe on topic ESA mistake?
Thank you for responding.
I definitely know I was transferred onto contribution based ESA. I understand that on contribution you can have up to £85 pension discounted from your income per week. My amount was about £35 per week.
What I can't work out is if I was entitled to an income related too up then how much of your pension is counted/discounted if any? Also what about disability premiums from being in the support group? Any help working it out would be good as I'm not sure even the DWP know how!

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6 years 4 months ago #202704 by Gordon
Replied by Gordon on topic ESA mistake?

Ruthybabe wrote: Thank you for responding.
I definitely know I was transferred onto contribution based ESA. I understand that on contribution you can have up to £85 pension discounted from your income per week. My amount was about £35 per week.
What I can't work out is if I was entitled to an income related too up then how much of your pension is counted/discounted if any? Also what about disability premiums from being in the support group? Any help working it out would be good as I'm not sure even the DWP know how!


In round numbers the premium for being in the SG is about £15/week but as your pension is more it would not be paid as it is deducted £ for £ from any ESA(IR).

Gordon

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6 years 4 months ago #202707 by Ruthybabe
Replied by Ruthybabe on topic ESA mistake?
Ah I see. Thank you. So on that basis I would unlikely have been entitled to an income related too up then also?

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6 years 4 months ago - 6 years 4 months ago #202710 by Gordon
Replied by Gordon on topic ESA mistake?

Ruthybabe wrote: Ah I see. Thank you. So on that basis I would unlikely have been entitled to an income related too up then also?


Based on what you have said, no!

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 4 months ago by Gordon.

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