Income based ESA - my flat's service charges paid

Hi

My 4 questions below are in CAPITALS (so that they stand out from the background firstly explained).

BACKGROUND: I've been on income based ESA since 2010 and the DWP paid the service charges on my flat from then to now. In 2011 my landlord increased the service charges (same items just increased amounts). I sent the service charge documents to the DWP but they didn't reply in writing, they didn't increase the sum being paid and told me by telephone that they don't pay all service charge items ie. they left me understanding that I had to pay part of my service charges and so thats what I did.
In 2012, the landlord increased the service charges again (again same items just increased amounts) but the DWP agreed this time to pay the increased sum. They've increased the sum paid to me bi-weekly last week - it took 1 month and many calls to get this sorted out (during which time my weekly payments were completely cancelled). But they're fine now.

QUESTION 1: When the DWP agreed to increase the s/charge payments in mid February going forward, they also said they would back-date the increase to the start of my 2012's s/charge demand in 12/2011 and that this backdated increase payment would be paid in about a week. That was a month ago. Since then, no backdated sum has been paid to me.

IS THERE ANY RULE ON HOW LONG I'M SUPPOSED TO WAIT FOR THIS?

QUESTION 2: I've asked the DWP why they didn't pay the increased amount for 2011 etc. They said they had no request from me but which isn't the case because they know I have sent them the relevant documents at the time and that I'm going to resend it to them now again. They've then said that they can't backdate payments more than 3 months and something about this being 'due to legislation' and that if I didn't agree then I had to make an appeal. They said mid Feb that they would send me a letter explaining 2012's increase, which they said would have the appeal section in it for me to do the appeal - but no such letter has arrived. They said again last week that it had then been sent to me last Thursday but its still not arrived today.
They told me last week that 'they can't back-date more than 3 months' was sufficient for them to say by phone but I said I wanted it in writing. They asked why I needed it in writing and I said because I wanted written confirmation for my appeal if I was going to have to make an appeal. They said they were putting it in writing to me immediately BUT the letter I received today doesn't say this 'can't backdate more than 3 months' thing and instead days "we need you to clearly state your reasons for not claiming earlier than 21.6.2011". Nobody has ever mentioned this '21.6.11' date to me before arrival of this letter.
Each time they speak to me about this it seems that I'm being given different information and, when I ask for their confirmation in writing of what they've said, it either doesn't arrive or something else arrives instead.

WHAT ARE THE RULES THEY HAVE TO WORK TO REGARDING BACK-DATING PAYMENTS.

DOES ANYONE UNDERSTAND WHY THE 21.6.11 DATE (which is obviously not 3 months from mid last Feb) IS NOW MENTIONED?

IF I ASK THEM TO PUT SOMETHING THEY'VE SAID IN WRITING TO ME THEN WHAT RIGHTS TO DO I HAVE TO ACTUALLY GET THEM TO PUT IT IN WRITING?

Thank you for any clarity you can provide.
Yours
Mrs Very Exhausted

julka wrote:

Hi

My 4 questions below are in CAPITALS (so that they stand out from the background firstly explained).

BACKGROUND: I've been on income based ESA since 2010 and the DWP paid the service charges on my flat from then to now. In 2011 my landlord increased the service charges (same items just increased amounts). I sent the service charge documents to the DWP but they didn't reply in writing, they didn't increase the sum being paid and told me by telephone that they don't pay all service charge items ie. they left me understanding that I had to pay part of my service charges and so thats what I did.
In 2012, the landlord increased the service charges again (again same items just increased amounts) but the DWP agreed this time to pay the increased sum. They've increased the sum paid to me bi-weekly last week - it took 1 month and many calls to get this sorted out (during which time my weekly payments were completely cancelled). But they're fine now.

QUESTION 1: When the DWP agreed to increase the s/charge payments in mid February going forward, they also said they would back-date the increase to the start of my 2012's s/charge demand in 12/2011 and that this backdated increase payment would be paid in about a week. That was a month ago. Since then, no backdated sum has been paid to me.

IS THERE ANY RULE ON HOW LONG I'M SUPPOSED TO WAIT FOR THIS?

QUESTION 2: I've asked the DWP why they didn't pay the increased amount for 2011 etc. They said they had no request from me but which isn't the case because they know I have sent them the relevant documents at the time and that I'm going to resend it to them now again. They've then said that they can't backdate payments more than 3 months and something about this being 'due to legislation' and that if I didn't agree then I had to make an appeal. They said mid Feb that they would send me a letter explaining 2012's increase, which they said would have the appeal section in it for me to do the appeal - but no such letter has arrived. They said again last week that it had then been sent to me last Thursday but its still not arrived today.
They told me last week that 'they can't back-date more than 3 months' was sufficient for them to say by phone but I said I wanted it in writing. They asked why I needed it in writing and I said because I wanted written confirmation for my appeal if I was going to have to make an appeal. They said they were putting it in writing to me immediately BUT the letter I received today doesn't say this 'can't backdate more than 3 months' thing and instead days "we need you to clearly state your reasons for not claiming earlier than 21.6.2011". Nobody has ever mentioned this '21.6.11' date to me before arrival of this letter.
Each time they speak to me about this it seems that I'm being given different information and, when I ask for their confirmation in writing of what they've said, it either doesn't arrive or something else arrives instead.

WHAT ARE THE RULES THEY HAVE TO WORK TO REGARDING BACK-DATING PAYMENTS.

DOES ANYONE UNDERSTAND WHY THE 21.6.11 DATE (which is obviously not 3 months from mid last Feb) IS NOW MENTIONED?

IF I ASK THEM TO PUT SOMETHING THEY'VE SAID IN WRITING TO ME THEN WHAT RIGHTS TO DO I HAVE TO ACTUALLY GET THEM TO PUT IT IN WRITING?

Thank you for any clarity you can provide.
Yours
Mrs Very Exhausted

Hi J,

I am afraid that we do not advise on the subject matter of your post.

We advise on general issues regarding ESA & DLA.

We could not possibly give an answer to your query, as it would involve knowing your personal details, which is obviously not feasible on an open forum such as this.

You should obtain advice from one of the potential sources here :

Where to get advice?

See also : Why can’t you answer a question about my specific claim?

Can you please keep your posts to a shorter format in future, as they appear as one solid block of text in the pre-moderation area, and are most difficult to check for inappropriate content.

Please try not to use block capitals also, as this causes problems to members who use screen readers.

Cheers

bro58

Mod Edit : posted same time as Gordon, see his comments also.

Hi Bro58 and Gordon
Many thanks. Have understood your comments. Sorry!