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Challenging error made when transferred from IB

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6 years 1 month ago #207227 by Spaceman
With reference to this story www.benefitsandwork.co.uk/news/3691-75-0...-owed-thousands-each I'm concerned that I should have been assessed for and awarded ESA(IR) when I was transferred from IB about 5-6 years ago, rather than just ESA(CB), and as I wasn't my small pension wasn't protected/exempted when I was transferred.

I receive ESA(IR) now after I put in a claim for it fairly recently but because of this error I believe I might not be receiving as much ESA as I should be but more importantly, I'm worried that a slight change in my circumstances could disqualify me for IR, with all the implications that has such as having to pay for prescriptions, dental treatment, etc.

I understand that the DWP are supposed to be reviewing every case automatically but it could take years before they get round to me and I may have ended up losing the IR component in the meantime and I'm sure they won't consider refunding me for the extra costs I incurred as a result, or compensating me for any harm I suffer. Is there anything I can do to force them to review my case sooner?

I also read somewhere that the DWP are trying to avoid fully backdating claims, limiting them to just a few years, so I'm worried about what I should do to stop them ripping me off if they contact me saying they want to remedy their error.

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6 years 1 month ago #207244 by Gordon
DJ

Unlike the PIP situation the DWP do seem to be amenable to claimants contacting them about there ESA.

They should issue an ESA3 form, this asks about your financial situation, to see whether you met the criteria to receive ESA(IR) at the time they were transferred from IB.

There are issues with the period that the DWP are willing to pay back payments from, at this time there is nothing that claimants can do, the Welfare Rights Association have raised the issue with the Minister, but there is no conclusion yet.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Spaceman

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6 years 1 month ago #207247 by Spaceman
Thanks Gordon, however I'm concerned that if I contact them (or they contact me) and they offer me a back payment for say 2 years and I accept it, then I'll lose any right to claim for the other years if and when that issue is resolved.

I know you're not a lawyer but I think claimants need some legal advice from somewhere like the Welfare Rights Association about this issue so that they can make an informed decision before accepting any offers.

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6 years 1 month ago #207257 by Gordon
DJ

I'm not sure this is necessary but if you want to seek this then go ahead. The issue is in regard to the application of the law, if the DWP's current position is overturned then they will have no choice about paying from an earlier date.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Spaceman

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6 years 1 month ago #207276 by Spaceman
I wouldn't know who to ask. I was thinking more that it would be useful if they'd provide a statement/guidance for all claimants to help them know what to do. You're probably right that the DWP will have to make a further payment if the legal situation changes, unless perhaps the claimant has signed something waiving any further rights in respect of this error but I don't know if the DWP will ask us to do that.

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6 years 1 month ago #207284 by Gordon

DJ wrote: I wouldn't know who to ask. I was thinking more that it would be useful if they'd provide a statement/guidance for all claimants to help them know what to do. You're probably right that the DWP will have to make a further payment if the legal situation changes, unless perhaps the claimant has signed something waiving any further rights in respect of this error but I don't know if the DWP will ask us to do that.


They won't ask you to sign anything, this is not contract law where you can waive your rights to future payments.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Spaceman

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