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ESA underpayment (national issue)

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5 years 10 months ago #212082 by frmarcus
ESA underpayment (national issue) was created by frmarcus
Hello Gordon: My sister(I'm her DWP agent) was affected, having been migrated to ESA(C) (and placed in the SG), rather than ESA(IR), consequently losing disability premia.

DWP accepts she was underpaid.

Having had real difficulty getting her the ESA(IR) she should have been on, and now is, then getting DWP to accept they owe her arrears for forfeited disability premia, the local complaints manager handling the case has now said arrears won't be paid until she proves her capital was below the threshold. Not having bank statements from several years ago, copies of which are charged for, I find this obstructive. In common with most claimants owed arrears for this issue, sis was in the SG, therefore not working. DWP already knows what her income and capital was from existing record: ESA, PIP and HB.

Is it reasonable that they demand proof now, and is this being demanded of all claimants in this situation (you may well not the the answer to the second question)?

DWP having made a serious error, involving significant sum, and entailing lost interest on that sum, it seems churlish now to be putting this obstacle in the way of payment they accept is owed (at least in principle).

Thanks so much,

Marcus

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5 years 10 months ago #212132 by Gordon
Replied by Gordon on topic ESA underpayment (national issue)
frmarcus

I am actually surprised that more members have not reported being asked for this level of proof. Although the DWP should have awarded an ESA(IR) top-up to many claimants the rules for doing this are still relevant and require the claimant to show that they met the criteria.

Gordon

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

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5 years 10 months ago #212183 by frmarcus
Replied by frmarcus on topic ESA underpayment (national issue)
Thanks Gordon. Assuming members not reporting it means many haven't been asked, it does at least raise an issue of consistency - or is it entirely at local discretion whether investigate capital?

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5 years 10 months ago #212203 by Gordon
Replied by Gordon on topic ESA underpayment (national issue)

frmarcus wrote: Thanks Gordon. Assuming members not reporting it means many haven't been asked, it does at least raise an issue of consistency - or is it entirely at local discretion whether investigate capital?


I can't comment on what individual offices are doing only that the law requires a claimants savings and assets to be reviewed when considering whether they are entitled to Income Related ESA.

Gordon

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

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