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ESA50 Again

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6 years 9 months ago #190544 by Gordon
Replied by Gordon on topic ESA50 Again
Keith

It's badly worded!

The SD Premium is not dependant on you being in the SG, but rather your having an award of DLA MRC or HRC or PIP Daily Living.

Gordon

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6 years 9 months ago #190569 by KeithW
Replied by KeithW on topic ESA50 Again
Hi Gordon,

Many thanks for your help with this, it is greatly appreciated.

So it would seem then that they should have been paying me an extra £62.45 a week which they have not been doing.

So hopefully once they get the form back they should in theory start paying me the extra money.

Should they also pay the arrears for the times they have not paid me the premium?

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6 years 9 months ago #190579 by Gordon
Replied by Gordon on topic ESA50 Again
Keith

Providing you meet all of the eligibility criteria for SDP then it should be back dated to the start of your claim.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 9 months ago #191552 by KeithW
Replied by KeithW on topic ESA50 Again
Well I got a notification today to say they were going to be paying me a back payment of Severe Disability Premium.

The only problem was the amount was only half of what they owed me.

When I rang to query this the woman said that on the system they had taken the date they got the Severe Disability Premium form back and back dated it by a month.

I explained that it was my understanding that they should have back dated it to the start of my ESA claim so I should have had a back payment of 12 weeks of Severe Disability Premium instead of the 6 they say they are going to pay me.

She asked me a few more questions like was I am receipt of DLA at the start of the claim, which I was, she then said she would send a query over to the relevant department with all the details to clarify why I have not been back dated the 12 weeks and that they should get back to me within 24 hours.

So my question is I am right in thinking they should be back dating the payments to the start of my ESA claim?

If they do not get back to me and do not pay the rest of the back dated Severe Disability Premium what other recourse do I have?

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6 years 9 months ago #191557 by Gordon
Replied by Gordon on topic ESA50 Again
Keith

The SDP should be backdated to the start of your ESA claim as it is payable with the Assessment Rate.

If you receive DLA HRC then the Enhanced Disability Premium should also be payable from the start of your claim. The EDP is also known as the Disability Income Guarantee.

If you do not receive HRC but you are placed in the SG then the EDP is payable from the beginning of week 14.

Any award of ESA is payable from the beginning of week 14.

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

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6 years 9 months ago #191619 by KeithW
Replied by KeithW on topic ESA50 Again
Just a quick update

Well I got the call back I was promised yesterday, that was a surprise in itself.

They have agreed that they got it wrong and they are going to backdate the payments to the start of my claim
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