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Think I'm owed about £9000 more than they gave me?

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7 years 5 months ago #170191 by Pip
Hi,

Since 2011 I'm on....

ESA support group, contribution based.
DLA higher care, lower mobility.

My mum has been my carer for a year now.

I applied for disability premiums about three months ago, after receiving no replies I phoned up today and after the nice lady spoke to someone, she came back to me and said that I have been awarded £1000 backdated and that I will receive extra money every two weeks aswell.

I am moderately happy.

However I should have been paid this since 2011 so I feel very strongly that I am owed much more...

However there's the small problem of my mums careers allowance (she doesn't mind stopping-although the benefits people haven't said she needs to)

How can I get back the £10,000 backdated since 2011?

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7 years 5 months ago #170199 by Gordon
Pip

There are potentially two Premiums you could be entitled to;

- the Enhanced Disability Premium which payable because you are in the ESA Support Group or because you are receiving DLA Higher Rate Care or PIP Enhanced Daily Living.

- the Severe Disability Premium because you are receiving DLA Medium or Higher Rate Care or PIP Daily Living, you live alone or are considered to be living alone and because no one claims Carers Allowance for you.

I am guessing from you post that your are talking about SDP, however, if your mother has been receiving CA for you then this would not be payable.

If this is not the case or there is more information you can supply then reply to this post and we will do our best to help.

Gordon

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

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7 years 5 months ago #170209 by Mark
Hi Pip,

You got me thinking that I too had missed out on a premium payment so I checked on the .gov site about ESA payments.

Like you my ESA is contribution based and I am in the support group. Unless I have misread the info on the .gov site only people on income related ESA can get the premiums.

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7 years 5 months ago #170210 by Gordon

Mark wrote: Hi Pip,

You got me thinking that I too had missed out on a premium payment so I checked on the .gov site about ESA payments.

Like you my ESA is contribution based and I am in the support group. Unless I have misread the info on the .gov site only people on income related ESA can get the premiums.


Yes you need to be receiving ESA(IR) to be entitled to payment of the Premiums, but you may be eligible for an ESA(IR) top up to your ESA(CB) depending on your circumstances. ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

If you think that you would be then you need to contact the DWP office dealing with your claim and ask for an ESA3 form which captures your financial information. It may be possible to backdate any entitlement to when you were first eligible.

Gordon

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

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7 years 5 months ago #170215 by Mark
Thanks Gordon,

I've read the links, seems I've got too much money and assets and my dear wife works some 70 hours a week.

Mark

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7 years 5 months ago #170227 by Bill24chev

Pip wrote: Hi,

Since 2011 I'm on....

ESA support group, contribution based.
DLA higher care, lower mobility.

My mum has been my carer for a year now.

I applied for disability premiums about three months ago, after receiving no replies I phoned up today and after the nice lady spoke to someone, she came back to me and said that I have been awarded £1000 backdated and that I will receive extra money every two weeks aswell.

I am moderately happy.

However I should have been paid this since 2011 so I feel very strongly that I am owed much more...

However there's the small problem of my mums careers allowance (she doesn't mind stopping-although the benefits people haven't said she needs to)

How can I get back the £10,000 backdated since 2011?


As Gordon says if you have some one receiving Carers Allowance (CA)you don't get the Sewvere3 Disability Premium (SDP). so from the time your Mother was awarded CA you wont be entitled to the SDP.

However !!! these are paid with ESA(IS)
You sate that you are receiving ESA)CB) which gives no premiums.


The rule about not getting SDP when some one is living with you does not aply if the person or persons living with you also are in Receipt of DLA/PIP.

You don't say if you live with your Mother(or anyone else), If you lived alone or only with person(S) receiving DLA/PIP before your mothers Ca award you should be entitled yo the SDP

SDP was £ 5950 (2013/14) and £61.10(2014/15) about £9000 for 2012/13/14

The the Enhanced disability was £15.15 (2013/15) and £15.55(2014/15 about £3000 for 2012 until now

These Potential underpayments only apply if meet the ESA(IS) rules on income/Capital for the Enhanced Disability Premium plus you meet the Living alone or with all persons in receipt of ESA/PIP for SDP

I

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