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ESA underpayment

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  • maxter
    maxter Community member Posts: 12 Listener
    dont understand it whatsoever
  • poppy123456
    poppy123456 Community member Posts: 53,333 Disability Gamechanger
    Industrial injuries benefit is counted as income for the income related top up on the ESA, as stated on your other thread regarding this. https://community.scope.org.uk/discussion/49860/industrial-disablement-benefit-and-c-b-esa-arrears#latest

    Basically this means that this benefit will count as income £1 for £1 when calculating any Income related top up on your ESA, which means you're not entitled to it. As you're claiming Contributions based ESA, this isn't means tested and your Industrial injuries benefit doesn't affect this ESA.


    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Antoinette88
    Antoinette88 Community member Posts: 5 Listener
    That's same as me !x
  • maxter
    maxter Community member Posts: 12 Listener
    thanks for explaining it.
  • SkinEdz
    SkinEdz Community member Posts: 2 Listener
    Hi new to site posted a question outside of this thread aswell i just rang the number posted on here ending in 0310 and got an automated reply more or less saying don't bother calling we will be in touch with you bye ? would I get a better reply ringing the original number given on the form been 13 weeks and no contact 

           TIA
  • [Deleted User]
    [Deleted User] Posts: 273 Pioneering
    Hi SkinEdz

    No-one really knows the answer to that question. The DWP say they have to contact 180,000 people, which will take time. Where people get in touch with them first, this may speed things up - I should think it does, but that isn't definite. 

    Sorry. 

    Gill_Scope
  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,793 Disability Gamechanger
    Hi @maxter, just to say that I've removed your images as your address was still slightly visible. Glad to see you've had some guidance from other members!
  • maxter
    maxter Community member Posts: 12 Listener
  • belgiumbun
    belgiumbun Community member Posts: 12 Listener
    edited December 2018
    Hi my partner passed in Nov 17 recently i received a letter as her next of kin saying she was potentially under payed i did the form over the phone with a lady who said it was taking 12 weeks and that i would receive another form  this came it was a br 330 ibrs rather strange form asking who paid for the funeral where my wife died  and who was responsible for her estate i  think the strangest question was why did i think or consider myself entitled to her underpayment i found this odd as it was them who had contacted me a few weeks prior as her next of kin the letter said she was entitled to ESA 1 it made no mention of the amount involved at this stage it also said if i did not wish to claim the money that was okay but if i did i must do so asap as said a rather odd form , Obviously this is slightly different as my partner bless her soul is passed however what i feel is a shame in searching this subject is the lack of knowledge on the situation after a payment i have heard these payments are only to be disregarded for income purposes savings limit  for a year by the  powers that be with regards to income and savings is this true and is this true in regards to where a next of kin receives money quite how they can consider it beyond me as the money is a underpayment which should have been received anyway in normal payment its a bloody disgrace to class it as income in the normal form . Does anyone know if compensation is in place for those who have paid prescriptions had dental work etc that they would not have paid for if properly assessed for ESA ? 
  • [Deleted User]
    [Deleted User] Posts: 273 Pioneering
    Hi @belgiumbun

    Here's an interesting document from the Public Accounts Committee - see paragraphs 16 to 18.

    https://publications.parliament.uk/pa/cm201719/cmselect/cmpubacc/975/975.pdf

    The document was written before the principle of full arrears had been established.

    I hope that eventually there will be compensation for missed NHS charges, NHS fines paid, lost housing benefit, council tax reduction, council tax liability order costs, all of it.  

    Huff Post says that the Work and Pensions Committee intends to press the government for arrears of the associated benefits, including NHS charges etc.

    https://www.huffingtonpost.co.uk/entry/disabled-benefits-claimants-150m-back-payments-government-error_uk_5b503bf0e4b0de86f489d849

    Has anyone else found anything more recent?

    Gill_Scope
  • BreakingMad
    BreakingMad Community member Posts: 7 Listener
    I moved onto ESA in 2012 and lived with my girlfriend for a year.she worked part time 24 hours a week.

    Does the fact that I lived with her mean I won't get anything. I have lived alone on ESA since January 2013. 

    Also I have a small pension around £14 a week will ((2/3 from a county council and 1/3 from a private one) 

    I'm on support group and higher level DLA care. 

    Thanks 

    P
  • poppy123456
    poppy123456 Community member Posts: 53,333 Disability Gamechanger
    I moved onto ESA in 2012 and lived with my girlfriend for a year.she worked part time 24 hours a week.

    Does the fact that I lived with her mean I won't get anything. I have lived alone on ESA since January 2013. 

    Also I have a small pension around £14 a week will ((2/3 from a county council and 1/3 from a private one) 

    I'm on support group and higher level DLA care. 

    Thanks 

    P
    Hi,

    You'll need to wait to be contacted by DWP. If you've already been contacted then once the form has been returned the timescale is 12 weeks but with huge backlogs it could be longer. It's impossible to give further advice on an internet forum.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • BreakingMad
    BreakingMad Community member Posts: 7 Listener
    Thanks but someone might know. It's a specific question. 
    If you lived with a partner when you changed are you still elagable or did living with someone mean you get zero money or do you get money but only after you informed them you lived elsewhere ? 

    Please respond if you know the answer 
  • poppy123456
    poppy123456 Community member Posts: 53,333 Disability Gamechanger
    Living with a partner that worked will be counted as income for any income related top up. As they worked 24 hours per week then you wouldn't have been entitled to any top up at that time.

    Also a works pension is counted as income £1 for £1 when calculating any income related top up. As the Enhanced disability premium is £16.40 per week from April 2018 (less in previous years) your pension will almost wipe out the top up.

    You will of course need to wait for DWP to assess you and make a decision.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • BreakingMad
    BreakingMad Community member Posts: 7 Listener
    Thanks Poppy the second part of the question was about when I split with my partner. Would the period from Jan 2013 be likely to be covered by the reimbursement ? Or because when the swap happened I was in a relationship does that mean post relationship means I get nothing at all?
  • poppy123456
    poppy123456 Community member Posts: 53,333 Disability Gamechanger
    It will depend on your circumstances in 2013. If you were claiming the pension at that time then this will be counted £1 for £1 and will reduce any income related top up you maybe entitled to. Also if you were claiming any transitional support protection on top of your ESA when you transferred from IB then this will also count as income.

    You really do need to wait for DWP to assess your claim properly.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • BreakingMad
    BreakingMad Community member Posts: 7 Listener
    Not sure why you have this forum really if the answer is wait to every question. 

    If Anyone does kown the answer to the in a relationship then not in one question let me know

    Failing that  I'll wait. 12 weeks today yay!
  • poppy123456
    poppy123456 Community member Posts: 53,333 Disability Gamechanger
    I already answered your question twice. I said that a partner working will affect any income related top you could be entitled to. If at any point you weren't living with a partner that works then you maybe entitled to backpay BUT your pension is counted as income and will reduce any top up £1 for £1. I'm not sure what other advice you want. You won't receive a definite answer anywhere on an internet forum.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • BreakingMad
    BreakingMad Community member Posts: 7 Listener
    Thanks that extra bit was what I was after thanks very much 
  • victoria28
    victoria28 Community member Posts: 2 Listener
    Hi guys I'm new to this forum . Sent forms back a month ago and have just call them . The lady said they are still on phase 1 cases and that mine will not be looked at till after that . Then will be another 12 weeks for processing so looks like it can take months ! 

Brightness

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