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Backdated ESA payments

hey I hope somebody could help me because I am FREAKING OUT! I sent my form back about the underpayments from 2011 (well my mum filled it all in because I was terrified of doing it Incase I looked greedy and I generally just worry about all sorts!!) and it is around 12.5 weeks since! I randomly checked my bank this morning and there is a HUGE amount pending to go into my bank, in fact 5 separate amounts (4 of the same and one smaller amount!) but totalling an amount I have never seen in my life! I’m so scared it’s wrong but I daren't ring up to check (anxiety!!) so what do I do? Do they send the payment in smaller amounts I’m sure I read that they can’t pay one single payment above £5,000 before it has to go through MP’s? So do they send smaller amounts to avoid that? Sorry for rambling I’m just So scared and confused  😩😥😩

Replies

  • poppy123456poppy123456 Posts: 11,758Community champion Disability Gamechanger
    HI,

    Yes, payments can be in smaller amounts. It's not unusual for payments to go into a bank before a letter is received. People have been owed ridiculously huge amounts because of the underpayments. Some have received more than £20,000.

    The good news is if it's more than £5,000 then it's disregarded for the life of the ESA award for all means tested benefits. I'm sure you'll receive a letter in the next few days.

    Enjoy the money, they owe it you!
  • wilkowilko Posts: 1,729Member Disability Gamechanger
    Nice one, as poppy said don't feel guilty enjoy the lump sum it's what your owed. Should have been paid in the past, you managed without it so be careful and cautious how you spend it. 
  • poppy123456poppy123456 Posts: 11,758Community champion Disability Gamechanger
    Cautious? why? I'd be treating myself for sure. There's no need to be cautious with spending it because you can't be accused of deprivation of capital anytime in the future. My advice, ENJOY!!
  • Dotty123Dotty123 Posts: 453Member Pioneering
    Hi I rang esa again about getting my money now tribunal sent letter they say they still havnt heard so can sent them my copy do you think that will work to get my money backdated and sorted solicitor says regulation 30 (3) in the esa ref say they should be paying me is that correct I no I go on bout this but iv gone no esa since feb be nice to have it back sorry if annoy you 
  • poppy123456poppy123456 Posts: 11,758Community champion Disability Gamechanger
    You don't annoy me Dotty but i don't know what else to advise you with, other than what i've already said.

    Ring ESA and tell them you've heard back from HMCTS that they've accepted your Tribunal request and give them your reference number that's on the top of the letter.

    Then email the Tribunal and ask them if they've contacted DWP.

    If this doesn't work then you'll need to speak to someone from an advice agency like CAB and they'll ring DWP in your behalf.
  • Dotty123Dotty123 Posts: 453Member Pioneering
    Iv asked if they want my ref no they said no il sort it thank you 
  • poppy123456poppy123456 Posts: 11,758Community champion Disability Gamechanger
    I know it's frustrating but even when they do receive the letter, it can still take a few weeks after that for your payments to re-start and your backdated money to paid to you.
  • Dotty123Dotty123 Posts: 453Member Pioneering
  • jakki31jakki31 Posts: 9Member Listener
    nnic98 said:
    hey I hope somebody could help me because I am FREAKING OUT! I sent my form back about the underpayments from 2011 (well my mum filled it all in because I was terrified of doing it Incase I looked greedy and I generally just worry about all sorts!!) and it is around 12.5 weeks since! I randomly checked my bank this morning and there is a HUGE amount pending to go into my bank, in fact 5 separate amounts (4 of the same and one smaller amount!) but totalling an amount I have never seen in my life! I’m so scared it’s wrong but I daren't ring up to check (anxiety!!) so what do I do? Do they send the payment in smaller amounts I’m sure I read that they can’t pay one single payment above £5,000 before it has to go through MP’s? So do they send smaller amounts to avoid that? Sorry for rambling I’m just So scared and confused  😩😥😩
    Hi I received one back payment yet mine is ment to be backdated from September 2014 the money I received was only 2 and a half k but I've been working it out and it doesn't add up I'm just wondering would I be expecting more or is that it I'm just lost and confused 
  • poppy123456poppy123456 Posts: 11,758Community champion Disability Gamechanger
    jakki31 said:

    Hi I received one back payment yet mine is ment to be backdated from September 2014 the money I received was only 2 and a half k but I've been working it out and it doesn't add up I'm just wondering would I be expecting more or is that it I'm just lost and confused 
    The Enhanced disability premium that's automatically paid on top of Income related ESA was £16.40 per week, from April 2018 (less in previous years)

    The only other disability premium that's payable on ESA is the Severe disability premium which is £64.30 per week from April 2018 (less in previous years) BUT to receive this there's criteria, which is as follows. You must receive either DLA mid/high rate care or PIP daily living. No one must claim carers allowance for looking after you and you must live alone or be classed as living alone. So, does any of this apply to you?

    The other disability premium that available is NOT payable when claiming ESA.
  • jakki31jakki31 Posts: 9Member Listener
    jakki31 said:

    Hi I received one back payment yet mine is ment to be backdated from September 2014 the money I received was only 2 and a half k but I've been working it out and it doesn't add up I'm just wondering would I be expecting more or is that it I'm just lost and confused 
    The Enhanced disability premium that's automatically paid on top of Income related ESA was £16.40 per week, from April 2018 (less in previous years)

    The only other disability premium that's payable on ESA is the Severe disability premium which is £64.30 per week from April 2018 (less in previous years) BUT to receive this there's criteria, which is as follows. You must receive either DLA mid/high rate care or PIP daily living. No one must claim carers allowance for looking after you and you must live alone or be classed as living alone. So, does any of this apply to you?

    The other disability premium that available is NOT payable when claiming ESA.
    Thank you poppy for replying I am on pip daily living but didn't start claiming it till 2015 but the amount I received for underpayment still doesn't add up they only gave me one payment for £2447k so I'm just confused 
  • poppy123456poppy123456 Posts: 11,758Community champion Disability Gamechanger
    Do you live alone or classed as living alone and does anyone claim carers allowance for looking after you?
  • jakki31jakki31 Posts: 9Member Listener
    Do you live alone or classed as living alone and does anyone claim carers allowance for looking after you?
    No don't live alone and yes there is someone claiming carers allowance 
  • poppy123456poppy123456 Posts: 11,758Community champion Disability Gamechanger
    Then it will just be the Enhanced disability premium. How much you would have received will depend on your circumstances in the dates which you were assessed from. You should have received a full breakdown of the decision.

    If you disagree then you need to contact DWP because it's impossible to tell you if that amount is correct or not.  You can't compare someone else to yourself because all our circumstances are different. Nnic98 may have been entitled to the severe disability premium which would have given them a massive amount of back dated money.
  • jakki31jakki31 Posts: 9Member Listener
    Then it will just be the Enhanced disability premium. How much you would have received will depend on your circumstances in the dates which you were assessed from. You should have received a full breakdown of the decision.

    If you disagree then you need to contact DWP because it's impossible to tell you if that amount is correct or not.  You can't compare someone else to yourself because all our circumstances are different. Nnic98 may have been entitled to the severe disability premium which would have given them a massive amount of back dated money.
    Yes I understand that but it the letter I received it just said £16.40 I think for a top up from September 2014 till April when I received my back payment I added that up it just didn't work out to the amount I received that's what I was confused about but yes I suppose I'll have to phone them but it's going to be to late to appeal as I only had a month to do it 😔
  • poppy123456poppy123456 Posts: 11,758Community champion Disability Gamechanger
    What dates was it from? \You say September 2014 until when?
  • jakki31jakki31 Posts: 9Member Listener
    What dates was it from? \You say September 2014 until when?
    It says from 04 September 2014 to 27th March 2019
  • poppy123456poppy123456 Posts: 11,758Community champion Disability Gamechanger
    There may have been times during that period where you weren't entitled to the top up, without knowing all of your circumstances it's totally impossible to advise. You really will need to speak to DWP about this. If you haven't had a full breakdown of the money owed then i'd ask for that as well but you should have received that when the decision was made.

    Ring them tomorrow, they open at 8.
  • jakki31jakki31 Posts: 9Member Listener
    There may have been times during that period where you weren't entitled to the top up, without knowing all of your circumstances it's totally impossible to advise. You really will need to speak to DWP about this. If you haven't had a full breakdown of the money owed then i'd ask for that as well but you should have received that when the decision was made.

    Ring them tomorrow, they open at 8.
    There was a letter on there for the 2014 to 2015 it was £15.55 the it went up to £15.75 it says extra money for looking after you at home then 13/08/15 my Pip is on there but £0.00 next to it it's weird there's two sections cont and ur ones £115.10 and the other is £125.55 
  • jakki31jakki31 Posts: 9Member Listener
    jakki31 said:
    There may have been times during that period where you weren't entitled to the top up, without knowing all of your circumstances it's totally impossible to advise. You really will need to speak to DWP about this. If you haven't had a full breakdown of the money owed then i'd ask for that as well but you should have received that when the decision was made.

    Ring them tomorrow, they open at 8.
    There was a letter on there for the 2014 to 2015 it was £15.55 the it went up to £15.75 it says extra money for looking after you at home then 13/08/15 my Pip is on there but £0.00 next to it it's weird there's two sections cont and ur ones £115.10 and the other is £125.55 
    Sorry I ment ir 
  • poppy123456poppy123456 Posts: 11,758Community champion Disability Gamechanger
    As you seem to have received the breakdown from between those dates then i'd advise you to take all the paper work to a local advice centre near you and they will take a look at it to see if it's correct. Unless you understand the benefits system then you won't understand the breakdown of payments.
  • jakki31jakki31 Posts: 9Member Listener
    As you seem to have received the breakdown from between those dates then i'd advise you to take all the paper work to a local advice centre near you and they will take a look at it to see if it's correct. Unless you understand the benefits system then you won't understand the breakdown of payments.
    OK thanks for you're help I will do that 
  • Dotty123Dotty123 Posts: 453Member Pioneering
    Hi me again sorry as you no I got my tribunal letter Easter Saturday you said ring esa on Tuesday I did they say not got letter I offered them my ref number they say don’t need it iv rang everyday to see if progressed no I got jobcentre to scan my letter over iv emailed court for them to do same today rang not got it what do I have to do to get my backdated money iv had none since feb still can’t get it sorry to bother you again your only one replies
  • poppy123456poppy123456 Posts: 11,758Community champion Disability Gamechanger
    Dotty123 said:
    Hi me again sorry as you no I got my tribunal letter Easter Saturday you said ring esa on Tuesday I did they say not got letter I offered them my ref number they say don’t need it iv rang everyday to see if progressed no I got jobcentre to scan my letter over iv emailed court for them to do same today rang not got it what do I have to do to get my backdated money iv had none since feb still can’t get it sorry to bother you again your only one replies
    It's fine Dotty, no worries.

    I really don't know what else you can do. Have you contacted your local CAB to see if they can assist you with this? They can ring DWP on your behalf to see what's going on. Sometimes with DWP you have to be firm (not angry or nasty) just firm, otherwise they will give you the run around, like they're doing now.

    I really have no idea why they haven't received anything from HMCTS or why they refuse to take your reference number off you. Did they say why they don't need the reference number?
  • Dotty123Dotty123 Posts: 453Member Pioneering
    Said waiting for letter 
  • Dotty123Dotty123 Posts: 453Member Pioneering
    Good news rang esa today and they have my letter from court thank you for putting up with me 
  • poppy123456poppy123456 Posts: 11,758Community champion Disability Gamechanger
    That's great news @Dotty123 ....finally. You're welcome, anytime! xx
  • Dotty123Dotty123 Posts: 453Member Pioneering
    Hi got email from dwp saying payment to bank end of 30/4/19 Grt thank you for all your help 
  • Dotty123Dotty123 Posts: 453Member Pioneering
    Is my money backdated to feb when stopped at £73.10 week xx
  • poppy123456poppy123456 Posts: 11,758Community champion Disability Gamechanger
    edited April 30
    Yes it should be backdated and yes it's £73.10 per week while you wait for the Tribunal.
  • Adrian_ScopeAdrian_Scope Posts: 2,428Administrator Scope community team
    That's good news @Dotty123! I'm sorry I've not been able to advise with all your queries about this, but you've been in great hands with @poppy123456
    Keep us updated while you wait for your tribunal. :)
    Senior Online Community Officer
    Scope
  • Dotty123Dotty123 Posts: 453Member Pioneering
    Thank you you poppy helped me lot 
  • Dotty123Dotty123 Posts: 453Member Pioneering
    Got my backdated money thank you xx
  • poppy123456poppy123456 Posts: 11,758Community champion Disability Gamechanger
    Dotty123 said:
    Got my backdated money thank you xx
    Great news!! You're welcome, as always xx
  • Dotty123Dotty123 Posts: 453Member Pioneering
    Do you no how long it takes to get tribunal date is it weeks months x
  • poppy123456poppy123456 Posts: 11,758Community champion Disability Gamechanger
    Dotty123 said:
    Do you no how long it takes to get tribunal date is it weeks months x
    It's months i'm afraid. Sorry to say but backlogs are huge so don't expect anything soon as some are waiting in excess of 1 year. Your ESA will of course continue while you wait but you'll need to keep sending those sick notes in. x
  • Dotty123Dotty123 Posts: 453Member Pioneering
  • Adrian_ScopeAdrian_Scope Posts: 2,428Administrator Scope community team
    Dotty123 said:
    Got my backdated money thank you xx
    Great news! 
    Senior Online Community Officer
    Scope
  • lucysam5lucysam5 Posts: 12Member Connected
    Hi I am a bit puzzled here  I was on incapacity benefit  from year 2000 until 2013 & changed to E S A today the present day could I request to see if I qualify  for any back payment  
  • Dotty123Dotty123 Posts: 453Member Pioneering
    Yes try can’t hurt to try 
  • WaylayWaylay Posts: 858Member Pioneering
  • poppy123456poppy123456 Posts: 11,758Community champion Disability Gamechanger
    lucysam5 said:
    Hi I am a bit puzzled here  I was on incapacity benefit  from year 2000 until 2013 & changed to E S A today the present day could I request to see if I qualify  for any back payment  
    They are in the process of contacting everyone that transferred across and they will eventually send you a form to fill in and return.
  • lucysam5lucysam5 Posts: 12Member Connected
    Ok thanks for the advice I will let you know & keep in touch 
  • cecilslopcabbage63cecilslopcabbage63 Posts: 5Member Listener
    Hi I'm looking for advice for my son. He was given a backdated payment of 11,000 underpayment for ESA it says on the letter this is to be disregarded for 1yr. He has moved to a flat and put housing benefit and council tax form in the council along with proof of the underpayment. Today he received a letter to pay full council tax. He is now panacking he wont get housing benefit. This is not savings it was what he was owed. He has severe mental health issues.Any advice would be really appreciated.  Thank you
  • poppy123456poppy123456 Posts: 11,758Community champion Disability Gamechanger
    Hi I'm looking for advice for my son. He was given a backdated payment of 11,000 underpayment for ESA it says on the letter this is to be disregarded for 1yr. He has moved to a flat and put housing benefit and council tax form in the council along with proof of the underpayment. Today he received a letter to pay full council tax. He is now panacking he wont get housing benefit. This is not savings it was what he was owed. He has severe mental health issues.Any advice would be really appreciated.  Thank you
    Hi,

    If it was a DWP official error then it will be disregarded for the life of his ESA claim because it's more than £5,000. He'll need to ring ESA to ask. If it's not disregarded for life then it's definitely for 1 year and he needs to contact his local council and ask them why it's not been disregarded because it definitely should be.
  • cecilslopcabbage63cecilslopcabbage63 Posts: 5Member Listener
    Thank you so much for your reply. I will do what you have suggested on monday. It says on his letter its disregarded for 1 year which is the beginning of january 2020. Haven't heard from housing benefit yet just council tax. Your advice is really appreciated. Thank you again.
  • poppy123456poppy123456 Posts: 11,758Community champion Disability Gamechanger
    May i ask why he received the backdated money? Was he previously claiming incapacity benefit before ESA and the underpayment was because of that?
  • cecilslopcabbage63cecilslopcabbage63 Posts: 5Member Listener
    Yes it was from being on incapacity benefit. The being put on contribution based ESA.When he should have been on income related with SDP. 
  • poppy123456poppy123456 Posts: 11,758Community champion Disability Gamechanger
    edited May 11
    Then the backdated money is disregarded for the life of the ESA claim and not for just 1 year because it's more than £5,000 and an official DWP error.
  • cecilslopcabbage63cecilslopcabbage63 Posts: 5Member Listener
    We were told under £5000 was disregarded for life, or until the claim ended. Anything over that amount was disregarded for 1yr. On his letter it has 1yr. Thank you for your reply. I will check this out.
  • poppy123456poppy123456 Posts: 11,758Community champion Disability Gamechanger
    We were told under £5000 was disregarded for life, or until the claim ended. Anything over that amount was disregarded for 1yr. On his letter it has 1yr. Thank you for your reply. I will check this out.
    That's not correct. It's the other way round. Under £5,000 and it's 1 year, over £5,000 when it's an official DWP error only, it's for the life of the ESA claim. I knew there was proof somewhere and here it is. https://www.moneyadviceservice.org.uk/en/articles/how-do-savings-and-lump-sum-pay-outs-affect-benefits#backdated-lump-sum-payments-from-dwp

    My advice is for your son to ring DWP also because the 1 year disregard is incorrect.

  • cecilslopcabbage63cecilslopcabbage63 Posts: 5Member Listener
    Ah thank you so much for all your help and replies. Thank god for people like you, for people like me. I feel much better at the end of the day than i did at the beginning. They should have looked at this and sorted it before sending things out that can cause so much distress. My son has Schizophrenia and this has so much chaos today. When it was money he has been owed through the DWP error. Thank you again. I will let you know how it goes.
  • poppy123456poppy123456 Posts: 11,758Community champion Disability Gamechanger
    You're very welcome. I'm glad i could help you!
  • lucysam5lucysam5 Posts: 12Member Connected
    Is  e s a support getting backdated or  the components i don't understand which one it is 
  • poppy123456poppy123456 Posts: 11,758Community champion Disability Gamechanger
    lucysam5 said:
    Is  e s a support getting backdated or  the components i don't understand which one it is 
    If you were transferred from Incapacity benefit to ESA then DWP will eventually contact you, if they haven't already. If they have already then you'll need to wait for DWP to make a decision, once they have they will send you a decision letter.
  • lucysam5lucysam5 Posts: 12Member Connected
    I  got a letter just say that it transfered automaticly  in 2013  after being on incapasity  from 2000 until2013 until the present i also got a letter to go for a Assement  on the 4th of March which i got reply on the 18th of April  i got 
  • poppy123456poppy123456 Posts: 11,758Community champion Disability Gamechanger
    lucysam5 said:
    I  got a letter just say that it transfered automaticly  in 2013  after being on incapasity  from 2000 until2013 until the present i also got a letter to go for a Assement  on the 4th of March which i got reply on the 18th of April  i got 
    If you were always claiming the premiums on top, which is called Income related top up then you won't be owed any backdated money. If you were sent an ESA3 form then you need to fill it in and return it.

    The assessment you had is totally different.
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