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ESA 3 form, recent CBESA migration error

RoseheartyRosehearty Posts: 13Member Listener
Hi, I just received a form from DWP, requesting me to give info since Sept. 2012.

This request was photocopied one side correctly, and reverse side upside down.

I had an anxiety attack as it scared me, and took me most of the day to calm down, and a family member helped me a bit.

We tried to find some more info and found the BBC news article from November re CBESA being incorrect.  Now just need to find some help to complete the form correctly.  I always wondered why I was on less money than relatives on IRESA, when I had worked for almost 30 years and was on lowest benefit of them all and thought was just typical.  So much hardship over the years, and now this worry and now thinking will have to do another medical.

This form was sent automatically to me and not requested, but would appreciate being pointed in right direction to get assistance to complete it please.

Replies

  • Lasian_ScopeLasian_Scope Posts: 660Member Chatterbox
    Hello @Rosehearty

    I'm sorry to hear about the problems you have had regarding your benefits, and the anxiety it has caused you. 

    Hopefully one of our community members can offer some advice, and maybe contacting your local Citizens Advice could help?
  • BexaBexa Posts: 5Member Listener
    Is the form asking about your income between now and 2012? and or about your health conditions? 

    I reckon they are checking to see if you should been paid more, especially, if it's mainly asking for information about your finances? 
    Maybe checking for any other income, benefits, savings to see if DWP owe you a big fat lump sum,! 

    This ESA error business is new. If the form is not  straightforward, be best to see either a) specialist Welfare Rights Adviser or b) a CAB Advisor. 

    CAB have a lot of info on their website. Including a step by step  guide to completing the PIP form. So first have a look on their website. There's an online chat available with a CAB Advisor which might help. If not enough, they'll suggest you go in. 

    This should be about obtaining information to calculate, if you were underpaid. Then paying you a big lump sum!

    DWP can be sneaky. But them trying to query the current claims, of the same people, they underpaid by mistake, wouldn't look good. 

    I was changed over from ICB to CB ESA in the dame year. I'm hoping to get a letter from them as I'm desperate for a few bob! I can't cope with paperwork from them either! 

    Best of luck, fingers crossed,
  • RoseheartyRosehearty Posts: 13Member Listener
    Second week in September 2012 for me, so having to get lots of old paperwork out now to find original letter from them showing my benefit breakdown.  So hope you get your form very soon Bexa.
  • BexaBexa Posts: 5Member Listener
    Hi Rose, 

    So THAT's what they're asking YOU for? Surely, THEY should have kept copies? What if you hadn't kept it? 

    I'm a paperwork hoarder, since 2005. That year, I was strongly persuaded to shed, my bank a/c statements. I'd kept all from the beginning. 

    Later when, the PPI misselling claims emerged realised I'd lost 10s of thousands. Because if I'd kept those statements. I could have proved and claimed 20 yrs worth back, instead of 6/7 yrs!

    Lets know how you get on, if you don't mind? 

    Bexa
  • RoseheartyRosehearty Posts: 13Member Listener
    Just found a letter dated 15/6/2015 saying they had not paid my Christmas bonus for 3 years lol.

  • RoseheartyRosehearty Posts: 13Member Listener
    Also a decision letter from 5/12/2013 telling me I was able to get CB ESA - £106.50 per week.

    Living Expenses £71.70 and Extra money for being in support group £34.50, and £5 deducted for child support.  I am wondering how I managed back then, and even now on £109…...
  • RoseheartyRosehearty Posts: 13Member Listener
    Bexa said:
    Hi Rose, 

    So THAT's what they're asking YOU for? Surely, THEY should have kept copies? What if you hadn't kept it? 

    I'm a paperwork hoarder, since 2005. That year, I was strongly persuaded to shed, my bank a/c statements. I'd kept all from the beginning. 

    Later when, the PPI misselling claims emerged realised I'd lost 10s of thousands. Because if I'd kept those statements. I could have proved and claimed 20 yrs worth back, instead of 6/7 yrs!

    Lets know how you get on, if you don't mind? 

    Bexa
    Oh, the paperwork search is just for me as I cannot remember if I was on income support or incapacity benefit.
  • BexaBexa Posts: 5Member Listener
    If you can't find it.....

    On DWP website, somewhere, theres a freedom of request form 2 request info on all your benefit claims.

    Complete and  ✓ the box beside all or the specific benefit you want. 

    It goes back as far as Supplementary Benefit! Not sure how long it takes but should say. 

    Can you figure out the error from the form? 

    Bex
  • RoseheartyRosehearty Posts: 13Member Listener
    Update....

    They increased my benefit payment with the enhanced premium of £15.90 but...
    I have just received a payment into bank appox £2000.
    This does not even cover backdated shortfall from 2012 which is what they have just sent the Esa3 to me for, so no letter yet, how do I get the rest that they have not paid me?

  • RoseheartyRosehearty Posts: 13Member Listener
    This has been dealt with in 4 weeks btw.
  • allrogallrog Posts: 2Member Listener
    Hi
    I'm new here. I'm in exactly the same situation, being underpaid when automatically migrated from incapacity benefit to esa. The problems stem from dwp not assessing those who were moved to contributory esa (based on ni contribution record) for eligibility to a further means tested top up.
    The dwp have stated that they are rectifying situation and there is no need for individuals to contact them, so it's very pleasing to hear from someone who has actually been contacted. I haven't as yet and am about to contact dwp . Is anybody else in a similar situation? 
    Ally
  • RoseheartyRosehearty Posts: 13Member Listener
    Just received my letter today, they say payable only from 21st October 2014to 1st January 2018...

    So nothing received from 2nd Jan 2018 until last week, and nothing for 2012 to 2014. Grrrrrr
  • CockneyRebelCockneyRebel Posts: 4,135Member, Community champion Brian Blessed
    I believe there is some sort of action going on with the DWP not paying before 2014
    If I can find the details I will post unless a more learned member can enlighten

    CR
    Be all you can be, make  every day count. Namaste
  • RoseheartyRosehearty Posts: 13Member Listener
    Thank you, I should have received over 4k not 2k grrrr.

    I have been holding on phone now for 45 mins, no answer.
  • CockneyRebelCockneyRebel Posts: 4,135Member, Community champion Brian Blessed
    This from DRUK

    04 January 2018

    The DWP is contacting around 75,000 claimants who may have been underpaid employment and support allowance (ESA) following their transfer from incapacity benefit.

    ESA was introduced in 2008. In 2011 the Department began reassessing people claiming pre-existing incapacity benefits to see whether they were eligible for ESA. The previous benefits included incapacity benefit, severe disablement allowance and income Support.

    In a written statement to the House of Commons, Secretary of State for Work and Pensions David Gauke has confirmed that in 2013 he was made aware of individual cases which were transferred in error to contributory ESA, rather than to income-related ESA,

    In these cases, incapacity benefit claimants had an unidentified entitlement to additional benefits such as the enhanced disability premium. These premiums are only payable to those on income-related benefits.

    From 2014 additional DWP guidance was put in place to ensure all claims transitioning from that point forward were more fully assessed for both contributory and income-related ESA.

    At the time officials did not identify the need to explore the potential impact of the earlier error. This was reconsidered in the light of analysis following the preliminary Fraud and Error statistics published in May 2016.

    As a result of a sampling exercise, the DWP estimates that around 75,000 claimants may have been underpaid - about 5% of those people who moved over from incapacity benefits.

    In his written statement, the Minister says that the DWP has established a special team to begin contacting all claimants it believes may be affected and that –

    “There is therefore no need for individuals to independently contact the department on this matter. Once an individual is contacted and subject to establishing the relevant information, we expect to make a decision on each case and repay the appropriate arrears within 12 weeks. The Department expects to complete the review and correct cases during the course of 2018/19.”

    However, he then adds that –

    “This relates to a specific group that transferred to contributory ESA between 2011 and 2014, for which applicable underpayments will now be corrected and paid. Arrears are payable to those who qualify from 21 October 2014 following an Upper Tier Tribunal ruling in the case of LH v SSWP on that date. Under Section 27 of the Social Security Act 1998, when a tribunal establishes the meaning of a legislative provision, payments of arrears which pre-date the tribunal ruling are barred.”

    DR UK’s Welfare Rights Adviser Ken Butler said –

    “The DWP’s belated recognition of the scale of this problem is to be welcomed and its commitment to begin a review to identify those claimants who were affected.

    However, given that the DWP admits it knew of the problem back in 2013 and that income related ESA was rightly payable, it is unacceptable for it to limit ESA arrears back to October 2014.

    Hopefully, this stance will be overturned by a future Upper Tribunal. In the meantime, those disabled people denied full ESA arrears should consider formerly challenging that decision.”

    The Minister’s written statement is available @ http://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2017-12-14/HCWS356/

             




    Be all you can be, make  every day count. Namaste
  • RoseheartyRosehearty Posts: 13Member Listener
    edited February 28
    Well, they are the ones who contacted me, and they put 2012 on my ESA3 form, so I think they should pay me from the date they put on the form.  Because they have told me they are reassessing me from that year.  They put me in hardship .and should pay all the arrears. I will contest this, and will phone again tomorrow, hope someone picks up their phon.

  • allrogallrog Posts: 2Member Listener
    Hi
    It's encouraging to hear from someone who has been contacted by dwp. 
    Wasn't there a ruling about only backdating to 20 14?  I'll check this out.
    Do you mind me asking what your additional esa was comprised of? 
    Was it additional premiums etc? 
    Thanks
    Ally  



  • butterfliesbutterflies Posts: 29Member Talkative
    I am one of these claimants who was migrated from IB to CBESA Support Group and did not receive the Enhanced disability Premium from October 2012.
    The arrears were backdated to 21 October 2014.  I have appealed their decision after MR was refused.

    It was an Official Error by the DWP.  The DWP have known about the Official Error from as early as 2013.

    If anyone is interested.....
    Here is a thread on Rightsnet that has been active since February 2014 and over 100,000 views which gives you an idea of the scale of the problem!

    https://www.rightsnet.org.uk/forums/viewthread/5928/

    Post number 197 dated 25.1.2018 gives a good overview of what UT Case the DWP are using to limit the payment of arrears before the 21 October 2014!

    What should have happened in 2012.......
    An ESA3 form should have been sent to claimants at time of migration but this did not happen.
    Claimants should have been assessed at the time of IB Migration for eligibility for IRESA...this did not happen.  Hence people losing out on EDP and SDP.

    Up until recently i.e. November 2017.  Claimants were being paid arrears back to the migration date.

    The DWP are using the UT Case LH(known as the lead case) as an "Error in Law"
    to limit backdating of premiums owed to claimants to the 21 October 2014.

    Hope this is of help




    When Life Gives You Lemons Make Lemonade
  • RoseheartyRosehearty Posts: 13Member Listener
    I received a letter today and my mandatory reconsideration has been refused.
  • butterfliesbutterflies Posts: 29Member Talkative
    Hi @Rosehearty
    Yes this is their usual reply now.
    You can now put in an appeal using this form(attach a copy of your letter you used to DWP for your MR).
    Here's a link to the form.....
    https://formfinder.hmctsformfinder.justice.gov.uk/sscs1-eng.pdf

    You can do a paper appeal no need to attend Court.
    It will take months to be heard but hopefully if enough people appeal it will help.

    If you haven't already ring your Local Welfare Rights Officer and direct them to the Rightsnet thread in case they are unaware of this particular DWP Error!

    Let me know if you need more help  :)








    When Life Gives You Lemons Make Lemonade
  • RoseheartyRosehearty Posts: 13Member Listener
    Thank you, will follow your advice.
  • snowdropsnowdrop Posts: 8Member Listener
    Hello Butterflies and Rosehearty. I am currently helping someone who is in the same situation as you and I was just wondering if either of you have had a decision back yet about your appeal? If so, what was the outcome?

    I am one of these claimants who was migrated from IB to CBESA Support Group and did not receive the Enhanced disability Premium from October 2012.
    The arrears were backdated to 21 October 2014.  I have appealed their decision after MR was refused.

    It was an Official Error by the DWP.  The DWP have known about the Official Error from as early as 2013.

    If anyone is interested.....
    Here is a thread on Rightsnet that has been active since February 2014 and over 100,000 views which gives you an idea of the scale of the problem!

    https://www.rightsnet.org.uk/forums/viewthread/5928/

    Post number 197 dated 25.1.2018 gives a good overview of what UT Case the DWP are using to limit the payment of arrears before the 21 October 2014!

    What should have happened in 2012.......
    An ESA3 form should have been sent to claimants at time of migration but this did not happen.
    Claimants should have been assessed at the time of IB Migration for eligibility for IRESA...this did not happen.  Hence people losing out on EDP and SDP.

    Up until recently i.e. November 2017.  Claimants were being paid arrears back to the migration date.

    The DWP are using the UT Case LH(known as the lead case) as an "Error in Law"
    to limit backdating of premiums owed to claimants to the 21 October 2014.

    Hope this is of help




    I received a letter today and my mandatory reconsideration has been refused.

  • Gill_ScopeGill_Scope Posts: 261Member, Helpline Chatterbox
    It is hopeful that the Child Poverty Action Group has launched a judicial review about the failure of the DWP to pay arrears before 21/10/14,

    The following is a link to their website:
    http://www.cpag.org.uk/content/incapacity-benefit-employment-and-support-allowance-and-backdated-payments-0


    Gill_Scope
  • TeddyB22TeddyB22 Posts: 20Member Listener
    Hi. I have been trying to figure be out if I was entitled to the EDP after I was migrated from Incap B in 2012. I phone the ESA hemline and they told me I was put into the Contributory ESA Support Group in 2014.
    I told them I had been receiving ESA for around 8 yrs. I think I was putting in sick lines and then automatically was switched to CESA. Thing is should I not have been in the IR group? I don't know how many years they pay your stamp, is it 2? Then you should be preferred in the IR group.
    I'm really confused. 
    I have an ESA3 form which the Citizens Advice will help me fill in. I'm worried they will reassess me and put me into the Work related group even though my circumstances haven't changed and they normally stop your ESA for 13 weeks while they reassess you, not to mention your Housing B stops too.
    Can someone advise me what to do?
    Sorry about the length of this post and I apologize if I have hijacked someone else's post.
  • poppy123456poppy123456 Posts: 4,782Member, Community champion Brian Blessed
    Hi,
    Everyone that was transferred from IB was placed on Contributions based ESA. Once you're on CB you remain on it, if you're in the Support Group. The Income related is a top up and is added, if you qualify. You don't just stay on CB for 2 years and then be transferred to Income related. When claiming benefits they always pay you NI credits towards your pension.

    When you were transferred being entitled to the Income Related top up would have depended on circumstances at that time. If you lived with a partner that worked or had savings/capital or any other income then you wouldn't have been entitled to the top up. Income related top ups are means tested. Hope this helps.
  • TeddyB22TeddyB22 Posts: 20Member Listener
    Thank you for your reply. I lived on my own during this period and had no savings.
  • poppy123456poppy123456 Posts: 4,782Member, Community champion Brian Blessed
    Then you need to fill out that form because you should have been receiving the income related top up.

  • TeddyB22TeddyB22 Posts: 20Member Listener
    Thank you Poppy.
  • PepperPottsPepperPotts Posts: 5Member Listener
    I'm not sure if anyone will still be responding to this post, but just on the off chance...

    I too, have recieved this form this week, for the period from 2012 - now. I have been with my husband since 2014 so they have advised on the phone I put that

    I am in the support group of contribution based esa, and am worried that they will look to change me to income based esa, and then I wont qualify because of his work. Is this an actual possible outcome of this form?
  • poppy123456poppy123456 Posts: 4,782Member, Community champion Brian Blessed
    I'm not sure if anyone will still be responding to this post, but just on the off chance...

    I too, have recieved this form this week, for the period from 2012 - now. I have been with my husband since 2014 so they have advised on the phone I put that

    I am in the support group of contribution based esa, and am worried that they will look to change me to income based esa, and then I wont qualify because of his work. Is this an actual possible outcome of this form?
    Hi,

    They are sending these forms to all those that transferred from Incapacity benefit to ESA because those that did were automatically placed onto CB ESA. It was an error made by the DWP and they didn't assess anyone for any Income Related top ups. Being entitled to any Income Related top ups on your CB ESA wil depend on your circumstances. As you stated you have a husband that works then if he works more than 24 hours per week then you won't be entitled to any Income related, you'll remain on just the CB ESA. It does state on the form that if you live with a partner that works more than 24 hours per week then there's no need to fill out the form and return it because you won't be entitled to any top ups. If your husband has worked since you've been on ESA then there will be no backdated money paid to you. Hope this helps.
  • PepperPottsPepperPotts Posts: 5Member Listener
    Thank you so much for the above reply, they want me to fill it in as I've only lived with/been married to him since 2014 so they want to check up on 2012- 2014- will they just be checking this time frame and not change my current set up?


    Also- they've asked for bank statements in the form since 2012- do people get them all printed off from the bank or what? At monthly statements this will be quite the realm of paper!
  • TeddyB22TeddyB22 Posts: 20Member Listener
    TeddyB22 said:
    Thank you for your reply. I lived on my own during this period and had no savings.
    Hi Poppy. A member of the Citizens Advice filled in the ESA3 form. Is this the right form? Will they know to backdate or do I need to tell them?
  • poppy123456poppy123456 Posts: 4,782Member, Community champion Brian Blessed
    Thank you so much for the above reply, they want me to fill it in as I've only lived with/been married to him since 2014 so they want to check up on 2012- 2014- will they just be checking this time frame and not change my current set up?


    Also- they've asked for bank statements in the form since 2012- do people get them all printed off from the bank or what? At monthly statements this will be quite the realm of paper!
    They will just check back between those 2 dates and pay you backdated money, if they owe it. As you have a husband that works they won't be able to add the premium top ups onto your existing claim. Once you claim CB, you stay on it for as long as you remain in the Support Group.

    You will need to send the bank statements from the dates they've asked for, yes it's a lot of paper work i agree.
  • poppy123456poppy123456 Posts: 4,782Member, Community champion Brian Blessed
    TeddyB22 said:
    TeddyB22 said:
    Thank you for your reply. I lived on my own during this period and had no savings.
    Hi Poppy. A member of the Citizens Advice filled in the ESA3 form. Is this the right form? Will they know to backdate or do I need to tell them?
    It's the correct form and no you don't need to tell them any dates because the will assess your claim for the Income related top up.
  • PepperPottsPepperPotts Posts: 5Member Listener
    Thank you ever so much Poppy, I really appreciate it.
    If they are only going to look from 2012 to 2014 when I moved in with my partner, I'm hoping I might only have to provide those 2 years of documents?! I'm now also worried that our accounts might have had literally JUST over the £16k combined in 2013 as we were given money/pooling money to put a depost down on a house, which was only over the course of a month or so but I can't remember if they knew and am very anxious, gah.
  • poppy123456poppy123456 Posts: 4,782Member, Community champion Brian Blessed
    Were you living together as a couple between 2012 - 2014?
  • PepperPottsPepperPotts Posts: 5Member Listener
    No Poppy, hence I guess why they are looking at only these years and not after 2014?
  • PepperPottsPepperPotts Posts: 5Member Listener
    But the money to buy the house might actually have been when we were renting together at the end of 2014, I genuinely can't remember and will have to try and find out. Gah. Thank you so much for your input.
  • KatkinsKatkins Posts: 7Member Listener
    Sorry to jump on this post but I've just recieved an ESA3 form. 
    It says from February 2012 to now.
    Called the number and the guy said it appears they have sent the form as I'm owed money. 
    I have trawled the internet and cannot find anywhere a rough idea of what I could  get.
    The man I spoke to said I should be getting 4 years back pay.
    Does anyone have a rough idea what I may get?
    Is there a minimum/maximum weekly amount I can guess from?
    I've never been owed anything. I'm reading that the average pay out is £5000.
    I don't want to get my hopes up but it's hard not to! 

    If it helps, I'm single, only ever claimed by myself, for myself. I have moved once and had a baby the July 2013 so obviously get CB and CTC but no maintenance from the father. 
    I'd be so grateful for someone to shed some light on this. 
    The internet has totally confused me! Lol! 

    Many thanks in advance x
  • poppy123456poppy123456 Posts: 4,782Member, Community champion Brian Blessed
    Hi,

    ESA Support Group Income Related is an extra £16.40 per week, slightly less in previous years. This is for the Enhanced disability premium.
  • TeddyB22TeddyB22 Posts: 20Member Listener
    I was just talking to a friend who was getting Contribution ESA. She said she was moved onto Income related ESA. She used to get grants every year before they became loans. She said for each person on ESA or a qualifying benefit a supplementary amount is put away incase you ask for it in the form of a grant/loan. She got thousands! I on the other hand got nothing as they had me mistakenly on Con ESA.
    I think they should be made to pay that back too. It seems it only takes someone to win a case against the government and then they have to apply it to everyone else. I'd be happy to be that person. They need to back date all of the money and not enforce a cut off period. It's the government's failure and they have to correct it because if the shoe were on the other foot you'd be forced to pay it back or face jail.
    Sorry for ranting.
  • KatkinsKatkins Posts: 7Member Listener
    TeddyB22 said:
    I was just talking to a friend who was getting Contribution ESA. She said she was moved onto Income related ESA. She used to get grants every year before they became loans. She said for each person on ESA or a qualifying benefit a supplementary amount is put away incase you ask for it in the form of a grant/loan. She got thousands! I on the other hand got nothing as they had me mistakenly on Con ESA.
    I think they should be made to pay that back too. It seems it only takes someone to win a case against the government and then they have to apply it to everyone else. I'd be happy to be that person. They need to back date all of the money and not enforce a cut off period. It's the government's failure and they have to correct it because if the shoe were on the other foot you'd be forced to pay it back or face jail.
    Sorry for ranting.




  • pinkrosepinkrose Posts: 2Member Listener
    Katkins said:
    Sorry to jump on this post but I've just recieved an ESA3 form. 
    It says from February 2012 to now.
    Called the number and the guy said it appears they have sent the form as I'm owed money. 
    I have trawled the internet and cannot find anywhere a rough idea of what I could  get.
    The man I spoke to said I should be getting 4 years back pay.
    Does anyone have a rough idea what I may get?
    Is there a minimum/maximum weekly amount I can guess from?
    I've never been owed anything. I'm reading that the average pay out is £5000.
    I don't want to get my hopes up but it's hard not to! 

    If it helps, I'm single, only ever claimed by myself, for myself. I have moved once and had a baby the July 2013 so obviously get CB and CTC but no maintenance from the father. 
    I'd be so grateful for someone to shed some light on this. 
    The internet has totally confused me! Lol! 

    Many thanks in advance x
    hi everyone, i received my letter and esa3 the same time as katkins. has anyone who had the form in the last couple of months been paid yet or spoken to the dwp? i rang on thursday and was told i should be entitled to edp dating back to 2011, but it could take 2/3 months to pay out as they are only now doing july batch. . 
  • poppy123456poppy123456 Posts: 4,782Member, Community champion Brian Blessed
    DWP are correct, it can take 12 weeks or more to receive a decision. It will depend on the backlog in your area and there's 1000's of claimants that have been underpaid so it will take some time.
  • Befuddled74Befuddled74 Posts: 2Member Listener
    Hi everyone. I have joined today to see if I can get any help on this issue.
    I recieved my ESA (IBR) back in June 18, duly filled it in, I recieved another letter from them in September asking me if I had a partner.

    My Benefits get paid into my carers account who I share a house with, however we are not and have never been partners, my disability means I have had issues with handling money so I can see why they asked this.
    Again I duly filled it in.

    I have been on Contributions based since 2011, I am in the support group and I get PIP. I am single.

    I assume I am caught up in this underpayment fiasco too?   

    This morning I have just recieved a letter which says my ESA is increasing and the breakdown now includes the disability premiums however the dates on the letter are from 2nd Nov 2018 until 28th November 2018 - this seems weird, why now and why just for the coming month considering nothing has changed since  I was migrated onto ESA in 2011...very confused. I was on £110.75 a week and now they say for this month alone I will be on £127.15 . Nothing has changed?
  • pinkrosepinkrose Posts: 2Member Listener
    thanks poppy ! befuddled74, i hope someone will be able to help you. i think you should ring dwp on monday about back payment etc. sometimes the letters they send can be very confusing. please let me know how you get on.
    good luck !
  • poppy123456poppy123456 Posts: 4,782Member, Community champion Brian Blessed
    I agree with ringing DWP Monday morning because no one will be able to advise you why the letter states this and no mention of backdated money.

  • Befuddled74Befuddled74 Posts: 2Member Listener
    Thanks guys. I will bite the bullet and give them a bell...I don't like to poke the bear but if this appears odd to you I guess I should. Thanks for taking the time to reply x
  • KatkinsKatkins Posts: 7Member Listener
    I called yesterday and was told my form had been received and now it's a waiting game. 
    She said if I'm entitled to money owed, they will write to me with a breakdown of why and how much.
    All I know is it seems hopeful from the calls I've made.
    This side of Xmas would be nice! 
  • GorillaWheelsGorillaWheels Posts: 1Member Listener
    Befuddled74 I think it just shows to 28th November because the next fortnightly payment of your ESA will include the £10 Christmas bonus so the payment will be a different figure.  Your disability premium will still be in payment after this.  They do write to you about any money owed you, hopefully it won't take much longer to sort.
  • Lisa1985Lisa1985 Posts: 46Member Listener
    Thanks I have foned esa they are sending me the form esa3 out thank you 
  • herbie1986herbie1986 Posts: 26Member Whisperer
    I contacted ESA yesterday about my form, they have received but not put it on the computer as yet.

    I have been told I am looking to hear back in February time.

    I posted mine a week ago 

  • FloralsFlorals Posts: 4Member Listener
    edited November 13
    Hey there,

    Sorry if hijacking, I wasn't sure if there was much point in starting a brand new thread!

    I got a ring about my ESA letter about back pay dated in 2012, the lady I spoke to said she was looking over my form and I'll hear back within 12 weeks with their decision. Does this mean I'm DEFINITELY getting back paid? I was on IB and moved to Cont ESA, which to be honest I didn't really notice too much as I didn't handle my money, it was only when I took my Dog to a budget vets and they pointed it out to me.

    I was single until 2013, but my partner didn't and still doesn't work as they care for me. I've had no savings and that's what I was asked about when they rang as I missed a question.

    So a few questions:

    - Am I definitely getting back paid?

    - Do I need to worry about anything?

    - If anyone has received their back pay, do you remember how long it took?

    AND do you think there's any hope of it being this side of Christmas?

    Thank you in advance! :)

    EDIT: Also, is it paid on your regular ESA  payment day, or just randomly? :tongue:
  • poppy123456poppy123456 Posts: 4,782Member, Community champion Brian Blessed
    You say you were single until 2013. Are you saying you live with your partner now and they don't work? If so, what benefits is your partner claiming? Claiming a means tested benefit you would claim as a couple not as a single person, if you live together.
  • FloralsFlorals Posts: 4Member Listener
    You say you were single until 2013. Are you saying you live with your partner now and they don't work? If so, what benefits is your partner claiming? Claiming a means tested benefit you would claim as a couple not as a single person, if you live together.
    My partner and I didn't move in together until last year, and we rang up to make a joint claim then in 2017. They are on carers and income support. What will that mean? :tongue: Also, thank you for your quick reply! :) 
  • FloralsFlorals Posts: 4Member Listener
    Uh I also wanna make it very clear, we weren't dating "SERIOUSLY" until the end of 2016, it was on and off(mostly off) due to my mental health and only as of the past year would I consider it an actual "relationship". I informed DWP (ASAP) of the change within a few days of us getting a place together, when it was more "stable" and as you can see that's exactly why I feel I need to clarify; due to how you worded it I'm not 100% sure that you think I've tried to scam the system or anything (and don't take it personally! It's just how I am) but yeah, just wanted to clarify incase someone is spying on me lol. I am too scared and paranoid to mess around with that kind of thing anyway.
  • poppy123456poppy123456 Posts: 4,782Member, Community champion Brian Blessed
    I didn't word it or think that you were scamming the system at all, i'm actually trying to help you here. Without knowing all of your details it's impossible for anyone to help you.

    As your partner claims Income Support and you claim Contributions based ESA then you won't be entitled to any Income Related top up from the time your partner claimed the Income Support. This is because income support is means tested and they will count this in the calculation when assessing the Income related top up and the income support will be counted £1 for £1 for the Income related top up on ESA. As the income Support is more than the top up on ESA then you won't be entitled to anything extra.

    The ESA3 form you filled in would have asked you questions about what your partner claims/earns etc.

    This doesn't mean that you won't be entitled to some backdated money from the time before your partner moved in with you and claimed the Income Support. For this, you'll have to wait for them to make a decision and it can take 12 weeks or more. They will write to you once a decision's been made.
  • FloralsFlorals Posts: 4Member Listener
    I'm sorry Poppy! I suffer with paranoia lol. I didn't mean any offence by it at all I promise. :( My family get the worst of it when I think they're poisoning my food lol! When I'm being logical I know it's not true.

    Thank you for your help! And I'm really sorry if I offended you I didn't mean to. 

    Yeah they did :) I was just wondering how long it might take, thank you for your reply again!
  • poppy123456poppy123456 Posts: 4,782Member, Community champion Brian Blessed
    No worries @Florals no offense taken, honest! I hate prying but it's just extremely difficult to help without all the information.

    How long it takes with the DWP is usually like saying "how long is a piece of string lol" hopefully not too long, is really all i can say.
  • SheilamooseSheilamoose Posts: 14Member Listener

    Received large brown envelope today (ESA3 IBR). DWP are asking me for all income details from 7 May 2013 (Migration to Support Group) to 5 November 2016 (State Pension start date).

    Am wondering whether it really is worth the effort of filling in the form in my circumstances? My CB ESA was frozen at around £120pw, my husband is my carer but receives a yearly HM Forces military pension of around £8k  - won't this take us over any money limit for IB ESA?

    Can anyone advise on money limit for IR ESA as I really do not want to plod through a 44 page form for nothing, lol?


  • poppy123456poppy123456 Posts: 4,782Member, Community champion Brian Blessed
    Your husbands pension will be classed as income £1 for £1 for any income related top up you could receive on top of the CB ESA. It really depends how long he's been receiving the pension.
  • Tommyowens85Tommyowens85 Posts: 7Member Listener
    Hi guys hope this is the right place and any help much appreciated. 
    Just heard back from esa on underpayment issue and have been told that although I was placed in the contribution based esa which was wrong I will receive no backdated pay as they gave me a top up to ensure I saw no loss when changing from incapacity benefit. May times I could have used the help of a budgeting loan over this period and several times I have applied but been rejected due to being on contribution based. 
    So in essence was told although you wasn’t getting your premiums you got the money in another way but that doesn’t help wen I can’t recieve the help I need in desperate times due to their error of putting me in contribution based instead of income based. Now they have changed it to income based but with no back pay. The top up was to ensure I saw no reduction in incapacity Ben not premiums. 
    I think it’s unfair.  am unsure what to do about it. Any advice on if you think this is right or what I can do about it I would love to hear it. 
    Many thanks guys 
  • TeddyB22TeddyB22 Posts: 20Member Listener
    Hi guys hope this is the right place and any help much appreciated. 
    Just heard back from esa on underpayment issue and have been told that although I was placed in the contribution based esa which was wrong I will receive no backdated pay as they gave me a top up to ensure I saw no loss when changing from incapacity benefit. May times I could have used the help of a budgeting loan over this period and several times I have applied but been rejected due to being on contribution based. 
    So in essence was told although you wasn’t getting your premiums you got the money in another way but that doesn’t help wen I can’t recieve the help I need in desperate times due to their error of putting me in contribution based instead of income based. Now they have changed it to income based but with no back pay. The top up was to ensure I saw no reduction in incapacity Ben not premiums. 
    I think it’s unfair.  am unsure what to do about it. Any advice on if you think this is right or what I can do about it I would love to hear it. 
    Many thanks guys 
    Hi Tommy. This is confusing and I'm sure they're are more qualified people to offer you advise but I wanted to echoe your sentiments on the loans. I was humiliated at a meeting at the job centre when I found myself homeless. I had to borrow from a loan shark to get a place to live then found myself without a stitch of furniture, no electricity and no food or heat. 
    I was desperate and they told me I didn't qualify and could I not sleep on a friends floor?
    The fact they had me on the wrong benefit and the psychological stress they put me through and the just general lack of decency still rankles with me  (is that a word?).
    They should have to pay back that money too. I knew people who got loans at Christmas and spent them on presents and holidays  I got nothing. Didn't even have heating on Christmas day. 
  • poppy123456poppy123456 Posts: 4,782Member, Community champion Brian Blessed
    Hi guys hope this is the right place and any help much appreciated. 
    Just heard back from esa on underpayment issue and have been told that although I was placed in the contribution based esa which was wrong I will receive no backdated pay as they gave me a top up to ensure I saw no loss when changing from incapacity benefit. May times I could have used the help of a budgeting loan over this period and several times I have applied but been rejected due to being on contribution based. 
    So in essence was told although you wasn’t getting your premiums you got the money in another way but that doesn’t help wen I can’t recieve the help I need in desperate times due to their error of putting me in contribution based instead of income based. Now they have changed it to income based but with no back pay. The top up was to ensure I saw no reduction in incapacity Ben not premiums. 
    I think it’s unfair.  am unsure what to do about it. Any advice on if you think this is right or what I can do about it I would love to hear it. 
    Many thanks guys 
    The DWP are correct in what they say, i'm afraid. The transitional protection you received when transferring to ESA was because the amount you would have received on ESA was less than what you were claiming on IB. If that amount adds up to more than the ESA Income related amount then you won't be owed any backdated payments.

    Unfortunately, there's nothing you can do about it.

    I found this CPAG link from 2011 that should explain it to you.

    Lastly, may i ask how much ESA you receive per week?
  • Tommyowens85Tommyowens85 Posts: 7Member Listener
    Thanks poppy unfortunately that’s what I assumed just annoying as I would have been entitled to the help I needed when needed most of I wasn’t put on contribution based as opposed  to income related. 
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