Employment and Support Allowance (ESA)
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ESA underpayment for my deceased brother

Hi I have received the form from DWP regarding underpayment. My brother passed away on 13/9/2014..I filled the form in as in his next of kin. The relevant dates were from 2012 /2014.. It asked about proof of his finances.. Craig was receiving benefits into a post office account which has now ceased to operate. Will I be expected to find the information? "" Also my brother told me  not long before he died that he was being refused NHS glasses and dentist "for the past few years.. why would this be? He asked me to find out I rung  tDWP with his consent they told me that he was having 1p.. Yes 1"pence to much to be eligible?? Is that possible has anyone else been in this situation?" is really appreciate some help /"feedback on this. ThanKyou xxx

Replies

  • poppy123456poppy123456 Community champion Posts: 19,307 Disability Gamechanger
    Hi,

    I'm sorry to hear this, It must be very upsetting to have to go through this after your brother passed away.

    Whether he's owed any backdated money will depend on his circumstances during the dates stated in the letter. Some of the things they will look at when assessing him will be savings/capital, income from pensions, transitional support protection from when he transferred from Incapacity benefit and other household income he may have had from a partner that works, claimed other benefits or pensions.

    As he was claiming Contributions based ESA at that time then this doesn't qualify someone for NHS treatment, if you were told in the past that he's claiming 1p too much to be eligible then it could have been he was claiming a pension or lived with a partner that worked. It's really difficult to give a definite answer on an internet forum without knowing all of his exact details.

    Once a decision's been made you will receive a decision letter from DWP and if he's owed any money as his next of kin then you will receive this. Hopefully you won't be waiting too long for a decision. They do seem to be assessing these cases quicker than any others. Hope this helps.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Franny54Franny54 Member Posts: 5 Listener
    Thank you so much for your information poppy. My brother was living alone with no savings or pension could you explain the difference of income related and  contribution based esa? He hadn't been in work for at least 5"years also when he became unwell moved him in with me and a advisor came and arranged pip for terminally I'll he was on this for around 4onths before he died. I forgot to put this on the form so you think it will make any difference? Thanks again xxx 
  • poppy123456poppy123456 Community champion Posts: 19,307 Disability Gamechanger
    You're welcome. Contributions based isn't means tested, which means that other income/savings and capital doesn't affect it.

    Income related is means tested and as previously explained other income/savings and capital affects the amount you're entitled to.

    His PIP claim would not have entitled him to anymore ESA unless you were also claiming a qualifying benefit such as PIP daily living. DLA mid/high rate care or attendance allowance. Also no one must have been claiming carers allowance for looking after him.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Franny54Franny54 Member Posts: 5 Listener
    So he must have been on income related if he's not worked for many years and no savings? "I can't remember whare rate pip he had and he wasn't claiming carers x
  • poppy123456poppy123456 Community champion Posts: 19,307 Disability Gamechanger
    If he transferred from Incapacity benefit to ESA then he would have been on Contributions based because everyone was. Some were claiming the income related top up and some weren't.

    Regarding the PIP, my advise for that was that, that wouldn't entitle him to anymore ESA because he lived with you, unless you were claiming a qualifying benefit yourself, like DLA mid/high rate care or PIp daily living.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Franny54Franny54 Member Posts: 5 Listener
    Thanks so much Poppy ❤️ I just received a letter saying he is owed money and s form for me to fill in 
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