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Transferred from IB to ESA contribution and left there, But I should be in the income related group

WallaceWallace Posts: 5Member Listener
Ever since I was medically signed offf work following an industrial accident, I have had to battle with DWP about what monies I should receive and the latest one is the fact I have never been paid the severe disablement premium and the enhanced disability premium despit being in the support group. Nor did I receive them when I was put on IB(incapacity benefit) after near eviction because I was paid SSP and no housing benefit with 2 teenage sons at school.  That was 10 years ago.  
I happened to fone them a couple of weeks ago and after nearly an hour on the fone the advisor sent me out an ESA income related form to fill in.  That has now gone back.  (She said I should be in the income related group) i told her my little story.
There was an article in the national news papers the told of people not getting these premiums and some receiving up to £10,000 back payments which had gone through the Hich Courts to get these people what they should have had.  How can I sue DWP for 10 year as underpayment of benefit because I am sure they would throw me in jail and throw away the key if they overpaid me £30,000 (approximate). 
Anyone know what I should do or how to go about sorting this.  There’s a hitch, my son is mt appointee so he has to do it because I get distressed because they gabble at me and dont talk sense (no offence meant, i am absolutely terrified of DWP, scared silly)

Replies

  • mikehughescqmikehughescq Posts: 2,453Member Brian Blessed
    Depends on several things you haven’t mentioned. The make-up of your household; their respective incomes; capital and the amount of any Industrial Injuries disablement benefit. 
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,410Member, Community advisor Chatterbox
    Wallace,

    Now that you have filled in the form, you should get a decision on this. The arrears can go back to the date when the DWP should have noticed the missing irESA, if there is any. As Mike says it will depend on all your circumstances. From what I can piece together in your story, it won't go back 10 years because that is when you were put on IB. If there was a reason you didn't claim Income Support on top at that time, and you could have done (this will depend on when exactly it was), you might need to make a separate complaint & compensation claim about that (for example, if you think you were wrongly advised by the DWP).

    But at some later date, you would have been moved from IB to ESA and that is when the irESA may have got missed. The DWP have accepted this error and that is what the current exercise (which you read about in the newspapers) is aiming to put right. The DWP have accepted that they should go back as far as is necessary (eg to when people were transferred). You shouldn't have to take any further action to get this money, and you should get a decision you can challenge if you don't agree with it. 

    If you also missed out on other benefits as a result of not getting irESA (eg free prescriptions, free school meals), the DWP haven't committed to compensating for those, so once you confirm that you did miss out on irESA you might want to sit down with your son and think about making a complaint about any additional amounts you lost out on because you weren't getting a benefit which 'passported' you to other help. 

    There could be another issue here as you mention not being put on Housing Benefit. Again it's difficult to say who is at fault here, but I wonder if you also need to consider action against the local authority, depending on whether you made a claim which was wrongly refused, or you were misadvised. It sounds worth discussing with your son, but as regards irESA, I don't think you need to take any further action until you get the decision on your form.

    Will
    The Benefits Training Co:
    Will Hadwen
    Lee Kempson
    Mary Shone
    Maria Solomon
    David Stickland

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