If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

ESA underpayment

I moved from incapacity benefit to ESA and was put into ESA group I think I was put on income related will I be affected by the mistake that's been made to qualify  for back payment

Replies

  • starchildstarchild Posts: 14Member Connected
    You get a letter from them and then a form  to fill in  go to get help with form 
  • sam12sam12 Posts: 1,184Member - under moderation Pioneering
    I was put on 2011 will I get back pay  from the underpaid 
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    edited July 2018
    sam12 said:
    I was put on 2011 will I get back pay  from the underpaid 
    If you transferred from Incapacity benefit and have no other household income and you weren't assessed for Income related top up at the time then yes it will be backdated. You'll need to fill out an ESA3 form. With very little information, it's very difficult to advise.
  • sam12sam12 Posts: 1,184Member - under moderation Pioneering
    Kant understand because I been sick for years been on benefits over 20 years I must been on incapacity benefit confusing with income support cause income support means for able to work  incapacity is for unable to work because of health so long ago I Kant remember I ask my bf. Thanks poppy
  • sam12sam12 Posts: 1,184Member - under moderation Pioneering
    Was on income support b4 esa trsnsfer this any help to the under payment 
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    As you were previously claiming Income Support then i highly doubt that the underpayment would affect you because you should already be claiming Income Related ESA. You don't say if your claim is a single or joint claim for ESA but a single person claim for someone in the Support Group is £127.15 per week.

    The Severe disability premium (SDP) isn't automatically paid. You need to be claiming Mid/high rate care DLA or daily living PIP, no one must claim carers allowance for looking after you and you must live alone, or be classed as living alone, to claim this premium of £64.30 per week.
  • sam12sam12 Posts: 1,184Member - under moderation Pioneering
    I get middle low Dla.i live alone on 191.45 wk am certain b4 was I was on incapacity benefit and income support. I get two premiums on was 15 guaranteed. 64 I think for other no letter .Am coming off was soon not yet but this year my bf and I moving to new area  for fresh start 
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    You already claim the 2 premiums with your ESA, there's no more premiums you could claim.
  • Trish56Trish56 Posts: 15Member Listener
    Hi i was on long term incapacity benefit then in 2014 they changed me to contribution ESA. Never told me anything.im in the support group. I was sent a form to reapply for my esa so i telephoned to check it was legitimate was told it was i needed to do it. I lost my severe disability premium and the other one. I get less than my sister who is on related esa. And she gets all the help with dentist optician etc and i get none of that. I was told by my sister about the underpayment am i entitled to it.

  • Trish56Trish56 Posts: 15Member Listener
    I also get pip enhanced care and mobility.
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    Hi,
    I'm confused by your question. You say you were sent a form to re-apply for ESA, do you mean you were claiming Contribution based ESA and you were sent an ESA3 form to apply for Income Related top?

    Why did you lose both of the premiums? Have you ever claimed them and do you still claim ESA? Your ESA hasn't stopped because of a recent face to face assessment or anything?
  • Trish56Trish56 Posts: 15Member Listener
    I still get Esa support. I used to get my extra disability premiums when i claimed incapaciity then it stopped when i moved to esa.i dont know what the form was just said i had to fill it in and make sure things wer still the same.but it wasnt.i got less money plus dental and optical charges.
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    The Income related top up will depend on circumstances, whether you live with a partner that works and household income. You need to ring ESA to ask them to send you the ESA3 form to assess you for the Income Related top up.

    Do be careful doing this because if your area is a full universal credit area then the Income Related tops will mean a move to UC. Check your area here.

  • April2018momApril2018mom Posts: 1,216Member Pioneering
    I would begin by checking to find out if you are able to claim UC. You have to call ESA and ask them to send you a copy of the form you need. Remember that it is individually dependent upon your personal circumstances. Good luck. Hopefully you’ll get it. Use the link provided to check first. 
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    If your area is a full UC area, please speak to your local CAB for further advice.
  • Trish56Trish56 Posts: 15Member Listener
    Im on full pip care and mobility long term.think that makes a difference+ my husband is on army disablement.
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    Do you mean Armed Forces Independence Payment?
    For your premiums being in a full universal credit area will make a difference. Which is why i advised to get further advice from your local CAB if you are.
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    Being entitled to the Income related top ups (premiums) will also depend on household income. As you live with your husband. Pop all of your details, including your husbands into this benefits calculator and it will tell you what you can claim. They are quite accurate if all the details are entered correctly.

  • Trish56Trish56 Posts: 15Member Listener
    My husbands is war mobility pension. Thank you for your help i will check with the calculator. Thanks again 
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    What other benefits does he claim?
  • Trish56Trish56 Posts: 15Member Listener
  • JulianandFionaJulianandFiona Posts: 6Member Listener
    Hi
    My partner & I moved from ESA to IS which benefited us financially at the time; we have since moved to UC. I am not sure if you can help following the ESA wrong payments story in the news today. My partner whom I now care for Julian Pucci was on this benefit when it replaced IB, with me joining him in a joint claim when I needed to give up work to care for him. Do you think we might be due to any underpayments even though we no longer claim ESA but definitely did during the period stated and my partner did receive severe disability allowance element on ESA.

    If you are not sure I would be very grateful if you could point us in the right direction.

    Kind Regards

    Fiona & Julian
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    Hi,

    How many hours were you working when your partner was claiming Contributions based ESA? This will affect any income related top ups he may have been entitled to. I'll happily advise you further once you've answered this.
  • JulianandFionaJulianandFiona Posts: 6Member Listener
    I have not worked for over 20 years, was on ESA support group from beginning. My partner gave up work to care for me so we made a joint claim.

    Also receive pip enhanced on both components.

    Julian
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    I meant your partner working, how many hours did they work? I see by your other question that you were receiving the severe disability premium on your ESA, is this because you were living alone? or does your partner receive a qualifying benefit too? This is the part i don't understand because this premium is not paid if you live with a partner unless they claim a qualifying benefit too.

    Sorry, confusion sets in when you post 2 slightly different questions on 2 different threads. It's always better to start your own thread rather than ask questions on other peoples because it's confusing.
  • kopite64kopite64 Posts: 2Member Listener
    Hi I don't know if I will be entitled to the refund. But I got moved from Incapacity benefit to ESA contribution rate for 52 weeks in 2011, after the 52 weeks they put me in the income related WRAG group. After a while they reassessed me and put me in the income related support group, which I still receive. I have read on another forum that they should have put me on the contributions and not the income related. So I am confused should I be on the contributions group rather in come related. Also would I be entitled to the refund. Thanks. 
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    Hi,

    Nope you have it the wrong way round. They put people on Contributions based and didn't asses them for the income related part. As you were placed onto Income related then you were claiming what you should have been. If DWP have any doubts then they will contact you sometime in the future.
  • kopite64kopite64 Posts: 2Member Listener
     Hi,I was placed from incapacity benefit to ESA contribution based at first, without being assessed for income related.Then after being on it for 52 weeks,  they then said I was not entitled to contribution now  and placed me on the income related Wrag group. But after 8 months I was reassessed again and they said they would put me in the support group. Sorry to confuse you.
  • BattlingNanBattlingNan Posts: 11Member Listener
    Hi,
    i was on incapacity benefit from approximately 1992 ish and was then transferred to ESA. I was place into support group and told I would not have to be reassessed. My ESA stopped in March of this year because I reached pension age. I don’t know which ESA I was on, I know national insurance was stopped out of it. Would I be able to claim any refund from the DWP??
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    IF DWP think you're one of those that were underpaid then they'll contact you sometime in the future.
  • BattlingNanBattlingNan Posts: 11Member Listener
    Will they still contact me even though I’m no longer on ESA? Assuming I am owed anything?
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    National insurance credits are paid towards your state pension through ESA they don't stop money from your benefit to pay your national insurance.

    If you're one of those that's owed money you'll be contacted yes.
  • BattlingNanBattlingNan Posts: 11Member Listener
    Ok thank you 😊 
  • Trish56Trish56 Posts: 15Member Listener
    I have just recieved my form from DWP about the under payments made to some ib.I was transfered from long term incapacity benefit in july 2014 to contribution based esa support. Im in a full uc area will this effect  my esa and my enhanced pip payments on car and mobility. My husband gets an army pension and a full mobility payment
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    PIP isn't part of UC so no. Any pension your husband claims will affect any entitlement to the Income related top up you maybe entitled to.
  • Trish56Trish56 Posts: 15Member Listener
    Thanks just wat and see i suppose prob wont get it dwp et out of it if they can 
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    Trish56 said:
    Thanks just wat and see i suppose prob wont get it dwp et out of it if they can 
    Your husbands pension is classed as income for means tested benefits. The reason you're still receiving ESA payments is because it's contributions based and this isn't means tested.
  • Trish56Trish56 Posts: 15Member Listener
    Thanks just wait and see i suppose prob wont get it.dwp will get out of it if they can 
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    That's not what the underpayment is about. If you don't qualify for the income related top up then there's no backdated money to claim. Other house income will affect means tested benefits.
  • Trish56Trish56 Posts: 15Member Listener
    I know but they did try to hide it for a good while. Some one just txt me to say that someone got £23 000.00 so bet you meaning me will get payout even though i have tried to explain thats not the case. So sent them what you have sent me. Thank you 
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    Another persons circumstances maybe completely different to yours. Some will indeed have large backdated payments owed to them, if they should have been receiving both disability premiums on top of their ESA but not everyone will be entitled to any of those premiums, some will be entitled to one and others will be entitled to both. You'll just have to wait until DWP contact you, then fill out the form they send you, with the evidence they ask for. It could very likely take many months to get through all the backlog for this. I'm sorry but i can advise you any further regarding this.
  • pee14pee14 Posts: 52Member Connected
    Hi will I be contacted by letter or phone call if I have been underplayed relating to the Sdp. Thankyou.
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    pee14 said:
    Hi will I be contacted by letter or phone call if I have been underplayed relating to the Sdp. Thankyou.
    It depends on circumstances, SDP has other criteria as well and not everyone qualifies for this.
  • pee14pee14 Posts: 52Member Connected
    edited October 2018
    @poppy123456 Thankyou .But if would it be a phone call or letter I would receive.
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    Could be either but the underpayments are related to those that transferred from Incapacity benefit to ESA.
  • pee14pee14 Posts: 52Member Connected
    @poppy123456 yes I realise that my brother is one of them people. 
  • confused23confused23 Posts: 2Member Listener
    Hi I received a form ESA3 as was on long term incapacity benefit then moved to contribution based ESA in 2014 but some of the questions in the form are highlighted with a highlighter pen- anyone know why this is?  - can anyone help?
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    Hi I received a form ESA3 as was on long term incapacity benefit then moved to contribution based ESA in 2014 but some of the questions in the form are highlighted with a highlighter pen- anyone know why this is?  - can anyone help?
    I'd advise ringing your local CAB for help with filling this form in because it's very complex. Even more so when filling it in with information for the past 4 years.
  • confused23confused23 Posts: 2Member Listener
    Sorry to ask another question but does anyone know about the fact that if I do complete the underpayment form will I then be moved to income related esa?  If so, the ‘entitled to’ website indicates this will be treated as a new claim as I live in a full universal credit area - does anyone know if that’s true?
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    You will have an income related top up on your Contributions based ESA and you won't be moved to UC because it's not a new claim.
  • ukniccouknicco Posts: 3Member Listener

    Hi Guys . really need some advice please.

    I got this letter asking me to fill in the for to re assess my esa claim as I am cont based esa since June 2012.

    wasn't expecting this so what does it mean. I am married and blind. my wife is severely disabled and she receives income based esa in her own right.

    we both receive PIP and she has a mobility car. does this mean I owe them money or do they owe me a little don't know what to think.

    if I am owed any money what do you think it might be knowing my luck nothing lol.

    any advice would be so welcome.


    thank you.


    Les

  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    Hi,

    Those that transferred from IB to ESA weren't assessed for any income related top ups, they were just placed straight onto CB ESA. The only way to find out is to fill out the form and return it. As your wife claims ESA Income related in her own right then this will classed as Income when assessing any income related top up. I'd still advise you to fill out the form and return it. Decisions can take 12 weeks.
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    ESA and PIP are different benefits and it won't affect either of your PIP claims, or the mobility car.
  • ukniccouknicco Posts: 3Member Listener
    Thanks. So as my wife gets income related esa prob not worth it then. I did hear today that I would have been entitled to some premiums in my own right had I been migrated on to income based six YEARS ago. Don't know if this is the case though. 
  • ukniccouknicco Posts: 3Member Listener
    Sorry to ask another related question. Does this mean I will now be forced to claim UC as this is a full area now. 
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    Had you been claiming an Income related top up on your ESA then you would have claimed ESA as a couple and your wife wouldn't have been able to claim the ESA in her own right.

    Whether or not you're entitled to any backdated money will depend on when your wife claim the ESA. As i advised, fill out the form and return it because no one on an internet forum can tell you for definite whether you're owed any money or not.

    Filling out the form won't prompt a move to UC.
  • gardenmakergardenmaker Posts: 1Member Listener
    Can you help ? I have received a letter and a ESA3 form re: possible ESA underpayment from 2013 to now. I was put in the ESA Contributions support group; I am severely disabled and my husband cares for me full time. The letter and form are confusing. Can you possibly tell me if the DWP will make a payment if I was only eligble from 2013 to 2017? Do you have to have had low income and low savings for the whole period, up to today’s date, to be considered for any repayment? The wording on the form is ambiguous on this point and unclear. Thank you.
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    The DWP will assess your Income Savings from between the dates in the letter. They are sending those forms to everyone that transferred from IB to ESA. It's impossible to tell you whether or not you'll be entitled to any backdated money on an internet forum. You'll need to fill in the form and return it by the date stated, then you'll be assessed. Decisions can take 12 weeks.
  • Gazza68Gazza68 Posts: 1Member Listener
    Hi. I filled out the esa ir form back in November 2018, as Ive been on contribution based esa since 2012. I was previously claiming Incapacity benefit before they changed me over to esa. My girlfriend has always worked between 12 -17 hrs per week and I think they take this is to account before deciding if I am entitled to IR ESA. How many hrs work must she do before this will totally makes me unentitled to the topup and underpayment.
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    edited February 23
    Gazza68 said:
    Hi. I filled out the esa ir form back in November 2018, as Ive been on contribution based esa since 2012. I was previously claiming Incapacity benefit before they changed me over to esa. My girlfriend has always worked between 12 -17 hrs per week and I think they take this is to account before deciding if I am entitled to IR ESA. How many hrs work must she do before this will totally makes me unentitled to the topup and underpayment.
    Hi,

    She will only be able to earn £20 per week, after that it's classed as income £1 for £1 for the income related top up. As the top up is £16.40 per week from April 2018 (less in previous years) then any income related top up will be reduced to zero based on the information you've given. This is providing you live together.
  • toastedsockstoastedsocks Posts: 2Member Listener
    Can someone please tell me what 14 months of underpayment would amount to as I don't understand how it is calculated.

    Also, how on earth is the average payment owed £5.000? Is that over many years?
    Any answers much appreciated.
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    Can someone please tell me what 14 months of underpayment would amount to as I don't understand how it is calculated.

    Also, how on earth is the average payment owed £5.000? Is that over many years?
    Any answers much appreciated.
    It will depend if you were underpaid just the Enhanced disability premium or the Severe disability as well. If it’s just the Enhanced premium then it will be less than £1,000. 

    Some me people are owed money going back several years. Some are owed money for bother disability premiums and because the severe disability premium is more than £60 per week then this increases the amount owed significantly. 
  • fedup1981fedup1981 Posts: 3Member Listener
    edited July 15
    @poppy123456

    Hi
    Hope it’s ok to ask you, just I see you know what you’re talking about. 
    I got my form in May, sent it back straight away. Had no idea of this error previously. 
    I was just wondering how long it takes for them to process it?

    Am I right in thinking IR esa is paid on top of CB esa? So currently it’s about £16?
    and if I was underpaid it would be about that amount, 2012 rates. 
    I think that’s all I’d be entitled to as my husband was my carer and unemployed at the time. 

    Thank you for reading 🙂
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    fedup1981 said:
    @poppy123456

    Hi
    Hope it’s ok to ask you, just I see you know what you’re talking about. 
    I got my form in May, sent it back straight away. Had no idea of this error previously. 
    I was just wondering how long it takes for them to process it?

    Am I right in thinking IR esa is paid on top of CB esa? So currently it’s about £16?
    and if I was underpaid it would be about that amount, 2012 rates. 
    I think that’s all I’d be entitled to as my husband was my carer and unemployed at the time. 

    Thank you for reading 🙂
    Hi,

    Income Related ESA is paid on top of CB ESA but whether you're entitled to it will depend on your circumstances during the dates stated.

    Your husband was your carer but was he claiming carers allowance during this time? If he was then what other benefits was he claiming with the carers allowance.... Income Support maybe?

    The things they look at at savings/capital and other household income like pensions and any other benefits your husband may have been claiming.

    Waiting times for decision are about 12-20 weeks possibly longer. Once a decision is made they will write to you with a decision letter.
  • fedup1981fedup1981 Posts: 3Member Listener
    fedup1981 said:
    @poppy123456

    Hi
    Hope it’s ok to ask you, just I see you know what you’re talking about. 
    I got my form in May, sent it back straight away. Had no idea of this error previously. 
    I was just wondering how long it takes for them to process it?

    Am I right in thinking IR esa is paid on top of CB esa? So currently it’s about £16?
    and if I was underpaid it would be about that amount, 2012 rates. 
    I think that’s all I’d be entitled to as my husband was my carer and unemployed at the time. 

    Thank you for reading 🙂
    Hi,

    Income Related ESA is paid on top of CB ESA but whether you're entitled to it will depend on your circumstances during the dates stated.

    Your husband was your carer but was he claiming carers allowance during this time? If he was then what other benefits was he claiming with the carers allowance.... Income Support maybe?

    The things they look at at savings/capital and other household income like pensions and any other benefits your husband may have been claiming.

    Waiting times for decision are about 12-20 weeks possibly longer. Once a decision is made they will write to you with a decision letter.
    Thank you Poppy. 
    My husband was claiming carers during that time  but we have never claimed IS.
    We lived on carers, CB ESA for me, child tax credit, dla for me - mid rate care, low rate mobility, and housing & council tax benefit. 

    We’ve never had any savings or income from pensions. 

    Do they only contact you if they think they’ve underpaid or is it a big possibility that they owe nothing?

    Thank you 😊
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    No problem. You should have been claiming ESA as a couple as he wasn't claiming any other benefits himself apart from the carers allowance. The carers allowance will be classed as Income when calculating any underpayments.

    I can't say for definite whether you'll be owed anything because i'm not an expert and i don't know your exact circumstances during that time. As long as they've got both of your details then they will assess you.

    To answer your other question, they are contacting everyone that transferred across, whether they're are owed anything or not. Some haven't been owed anything.

    Hopefully it won't be too long before a decision is made. Good luck.
  • fedup1981fedup1981 Posts: 3Member Listener
    @poppy123456

    oh I thought claiming as a couple was if you were both incapacitated. Hopefully it’ll all be sorted soon, it’s very confusing!

    thank you for your help. I’ll try to remember to update you when I know what’s what! 🤞🏼
  • poppy123456poppy123456 Posts: 11,985Community champion Disability Gamechanger
    fedup1981 said:
    @poppy123456

    oh I thought claiming as a couple was if you were both incapacitated. Hopefully it’ll all be sorted soon, it’s very confusing!

    thank you for your help. I’ll try to remember to update you when I know what’s what! 🤞🏼
    No, that's not correct. When claiming a means tested benefit you claim as a couple and you don't both have to unable to work.
Sign in or join us to comment.