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ESA IR top up. back pay

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5 years 10 months ago #212711 by Dollydee
ESA IR top up. back pay was created by Dollydee
Hi All,
I have been receiving ESA CB SG since the change from incapacity benefit many years ago. I have heard that the DWP have been under paying many people who were intitled to a top of IR ESA if on a low income. I have done a check on the Turn To Us web site and it says I am intitled to around £18 a week top up which i do not get and have never had. Also I receive PIP low rate care, should I get some sort of top up from ESA like enhanced disability ?
I did ring DWP years ago about the top but was told if I wanted IR ESA I would loose CB ESA, which would be very silly to change to when in the SG.
Have they started to pay any back pay to any claimants yet ? Will the DWP contact me or do I have to ring them about it ? Or will they just ignore the matter until the issue fades away and forgotten about ??
Thanks

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5 years 10 months ago #212736 by Gordon
Replied by Gordon on topic ESA IR top up. back pay

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

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5 years 10 months ago #212771 by Dollydee
Replied by Dollydee on topic ESA IR top up. back pay
Thanks Gordon
Does this mean DWP will contact me ?

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5 years 10 months ago #212788 by Gordon
Replied by Gordon on topic ESA IR top up. back pay

Dollydee wrote: Thanks Gordon
Does this mean DWP will contact me ?


Yes they will.

Gordon

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

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5 years 10 months ago #212812 by JK2500
Replied by JK2500 on topic ESA IR top up. back pay
DWP phoned me yesterday regarding possible underpayments of the ESA premium.
I was on (now retired) ESA SG contribution based, but was never given the premium.
I was transfered to contribution based ESA around 2012, but I believe it should have been IR ESA.
The lady spent 1hr 25 minutes asking me questions going back to 2000! But was actualy asking for information on dates between August 2012 -April 2017.
She went through the questions, most of which they already held information on!
Some information like passports and latest bank statements, wifes last 5 payslips, she has sent me a SAE to post them to DWP (I refused to send passport, just a copy) so the “decisions team” can evulate my possible underpayment.
There was no mention of which premium I was entitled to, despite me asking her several times!
Once all evidence has been assessed, I should hear back within 12 weeks.
I understand that although she was asking for information on possible underpayments of ESA premium for the above dates, DWP will only repay underpayments from October 21 2014, the date on which they lost an appeal at the high court for underpayment of ESA premiums. Anything before that date I won’t get back!
I suspect that somone will challenge the DWP on that decision and possibly the DWP will have to pay under payments prior to that date, sometime in the future.

I’m not holding my breath on that one.
The following user(s) said Thank You: Gordon, Dollydee

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5 years 10 months ago #212892 by Dollydee
Replied by Dollydee on topic ESA IR top up. back pay
Hi
Thats great news at least the DWP have made a start !
When you say premium do you mean ESA IR to top up your ESA CB or the enhanced disability premium of ESA if you receive PIP or DLA ?
I have only ever got ESA CB SG payment of around £110 per week,and DLA low rate for care and mobility but recently moved to PIP standard rate £57 a week for care ( after months of appealing ) but I believe that PIP is disregarded as income when working out other benefits such as ESA. I have a low income as I am a single parent of one child. I get £62 a week tax credit.
I dont have any other income and have been struggling to manage since 2010. The DWP are a joke, it makes sick people even more ill because of worry and depression due to lack of finance. The fear of not being able to provide for your child even the basic things of food and clothes and keeping a roof over their head, all because the DWP did'nt train their staff to assess for both benefits ( IR & CB ) on every single claim.
The court should made them back date from the very start of ESA not just from when they were cought out in 2014 because even then when claims were reassess they still continued to still only pay the one benefit of CB and not give the top up of IR. So still continued to underpay even when the court had said to assess for both.

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