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Back payment of benefit
- pat_burton80@hotmail.com
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3 years 1 month ago - 3 years 1 month ago #267332 by pat_burton80@hotmail.com
Back payment of benefit was created by pat_burton80@hotmail.com
Hi... I’m hoping you can give me some advice. I will try to explain as simply as I can.
I have been on invalidity benefit starting in 1992 then transitioned to incapacity benefit in 2005 then again to contribution based esa in 2013. In 2018 I received the leap form to fill in and successfully claimed back payment of sdp to 2013 and was given income related esa and sdp going forward. My question is should I have been backdated to 2007 before esa when I was on incapacity benefit. I also receive PIP and previously DLA
Just to give a bit of background.
I was married, my husband claimed careers allowance up until 2006 when we separated. We continued to live in the same house as neither could afford to move. In 2007 I put I a claim for income support thinking I would now be entitled to the severe disability premium but was declined, I was told that because I was married and we were still in the same house it had to be a joint claim, as we were not together I/we did not think this right and we had separate finances anyway. When I was contacted in 2018 I thought it would go back to 2007 but it only went as far back as me being in receipt of esa to 2013
I know this is very unlikely but would I be able to get it looked at again as I have successfully proved that I counted as living alone for the period from 2013 and my circumstances were no different from 2007 other than the name of the benefit.
If you have got this far thank you for your time reading this.
I have been on invalidity benefit starting in 1992 then transitioned to incapacity benefit in 2005 then again to contribution based esa in 2013. In 2018 I received the leap form to fill in and successfully claimed back payment of sdp to 2013 and was given income related esa and sdp going forward. My question is should I have been backdated to 2007 before esa when I was on incapacity benefit. I also receive PIP and previously DLA
Just to give a bit of background.
I was married, my husband claimed careers allowance up until 2006 when we separated. We continued to live in the same house as neither could afford to move. In 2007 I put I a claim for income support thinking I would now be entitled to the severe disability premium but was declined, I was told that because I was married and we were still in the same house it had to be a joint claim, as we were not together I/we did not think this right and we had separate finances anyway. When I was contacted in 2018 I thought it would go back to 2007 but it only went as far back as me being in receipt of esa to 2013
I know this is very unlikely but would I be able to get it looked at again as I have successfully proved that I counted as living alone for the period from 2013 and my circumstances were no different from 2007 other than the name of the benefit.
If you have got this far thank you for your time reading this.
Last edit: 3 years 1 month ago by BIS.
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3 years 1 month ago #267358 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Back payment of benefit
Hi Pat
Please change your user name immediately. You do not want your email address to be available to other members or the internet. Follow the link below
My full name is showing, how can I stop it?
Your question is outside the scope of the forum. You could ask a specialist benefits advisor to look at this for you. You should be able to find someone in your local area. advicelocal.uk/
BIS
Please change your user name immediately. You do not want your email address to be available to other members or the internet. Follow the link below
My full name is showing, how can I stop it?
Your question is outside the scope of the forum. You could ask a specialist benefits advisor to look at this for you. You should be able to find someone in your local area. advicelocal.uk/
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: pat_burton80@hotmail.com
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3 years 1 month ago #267360 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Back payment of benefit
Hi Pat
You need to change your user name
You may qualify for the Severe Disability Premium, to be eligible you will need to be living alone or considered to be living alone and no one must be receiving Carers Allowance against your PIP award.
If you think that you are eligible then contact the DWP office dealing with your ESA claim and ask to be assessed for the Premium, this requires you to complete an IS10 form which asks about your living arrangements, it should be possible to do this while you are on the phone. If you are eligible then you want to ask for an any time review.
In answer to your question, even though you were seperated from your husband and he no longer claimed carers allowance you may be exempt from claiming SDP as you are not living alone in your household.
As BIS has stated you do need to seek help from your local Welfare Rights Organisation.
Your case is interesting, lets us know what you find out.
Gary
You need to change your user name
You may qualify for the Severe Disability Premium, to be eligible you will need to be living alone or considered to be living alone and no one must be receiving Carers Allowance against your PIP award.
If you think that you are eligible then contact the DWP office dealing with your ESA claim and ask to be assessed for the Premium, this requires you to complete an IS10 form which asks about your living arrangements, it should be possible to do this while you are on the phone. If you are eligible then you want to ask for an any time review.
In answer to your question, even though you were seperated from your husband and he no longer claimed carers allowance you may be exempt from claiming SDP as you are not living alone in your household.
As BIS has stated you do need to seek help from your local Welfare Rights Organisation.
Your case is interesting, lets us know what you find out.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: pat_burton80@hotmail.com
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3 years 1 month ago #267368 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Back payment of benefit
Pat
Incapacity Benefit was a Contribution Based benefit so there are/were no Premiums payable with it. So no additional backdating.
The Income Related equivalent was Income Support due to disability, however, this would have had to have been claimed at the time, assuming your circumstances would have allowed payment in the first place. So two separate benefits.
Legacy ESA as it is now referred to is a single benefit with two qualifications; one based on your Contribution history, you would have met this due from your IB claim and one based on your financial circumstances. It is the latter that allows payment of the SDP.
Gordon
Incapacity Benefit was a Contribution Based benefit so there are/were no Premiums payable with it. So no additional backdating.
The Income Related equivalent was Income Support due to disability, however, this would have had to have been claimed at the time, assuming your circumstances would have allowed payment in the first place. So two separate benefits.
Legacy ESA as it is now referred to is a single benefit with two qualifications; one based on your Contribution history, you would have met this due from your IB claim and one based on your financial circumstances. It is the latter that allows payment of the SDP.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: pat_burton80@hotmail.com, Gary
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