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ESA Underpayment when in CHC funded Residential Care?

I have just joined the group and already found lots of useful information on the ESA underpayments. Thank you.
I am appointee for a relative and, like many others have recently received the ESA3(IBR) form, going back to 02/2012. It threw me into complete panic worrying about potential knock-on effects. I find anything to do with benefits and DWP very stressful and am always worried about rocking the boat!. Previous threads have helped set my mind at rest on a number of counts.
However, I have hunted the internet high and low and found nothing related to a few issues so any help would be appreciated.

For the vast majority of the time, the person has been in residential care, funded by CHC. He retains an underlying entitlement for DLA highest rate for both care and mobility but is not paid it because of being in funded care. In this case, is he likely to qualify for the underpaid premiums?

Before then, he was at residential college. I got carers allowance and he got the care part of DLA only for the times he was at home in the holidays, so dates for 7 years ago are quite complicated.

Is it compulsory to fill in this form? Does it matter if you send it back after the month written on the form (after all, it relates to nearly 7 years ago!). I did ring the number on the form and they said they'd made a note that it would be late but could give me very little information overall.

Will filling in the form affect future benefits?

Could filling in the form and/or getting a payment count as a change of circumstances and trigger a change from DLA to PIP?

If he were to get a payment, and his funding change to joint funding with health and social services, when they do a financial assessment for him to contribute to his care, would the payment just be taken off him to pay for his care? Or, if it were a large payment, could they say his savings were too high and he'd have to self fund?

If he were to get a payment, do I have to declare it for tax?

Where is the best place to go for further info? Are Citizen's Advice likely to have the relevant info and are there long waits?

As you can see, my mind is in a whirl and I'm probably getting way ahead of myself but any info would be gratefully received.


Replies

  • poppy123456poppy123456 Posts: 4,869Member, Community champion Brian Blessed
    It should be returned within the time asked in the letter, no one has to fill out the form but if it's not filled out and returned there will not be any assessment done for the Income related top up.

    Completing the form won't affect future payments in a bad way.

    ESA is totally different to DLA/PIP so no, it won't be classed as change in circumstances. Do remember though that he could be sent a letter at anytime asking to apply for PIP.

    Any backdated payments owed will not have to be declared for tax.

    No idea about the funding, im afraid.

    Contact CAB/welfare rights/law centre if further advice is needed.


  • Pippa_ScopePippa_Scope Posts: 4,907Administrator Scope community team
    Welcome to the community, @ellcee

    Glad to see you've had some guidance above. It may be worth contacting your local Citizens Advice too, to see if they can further clarify. Please do keep us updated and we'll advise where we can! 
  • ellceeellcee Posts: 2Member Listener
    Well, the form's completed and posted. Took quite a while, going back 7 years, with lots of grovelling about in the loft. Luckily I don't throw stuff away, but finding it is another matter! I don't expect to hear back for quite a while (or at all judging by my past experience), so now I'll just have to keep stressing about whether I accidentally forgot to tell them about some minor detail 7 years ago or whether they'll ring me up asking lots of questions that I can't answer. Meanwhile, CHC keep postponing the overdue review, we're awaiting test results, and the person's just injured themselves in a fall.
    Thanks for listening.
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