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ESA Backdated Claim Query

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5 years 1 month ago #228227 by Jenny46
ESA Backdated Claim Query was created by Jenny46
Hi,

I have a question if you could give me some advice please?

I received a letter/form just before Xmas to see if I was entitled to any back payment as I am on Contribution ESA. The form is to see if I am entitled to any Income related ESA.

The form was sent back in a rush as I received it about 10 days after the date on the letter and it also coincided with Xmas and New Year with all the bank holidays etc. I didn’t have much time to fill it in.

The other day I received a letter asking for all mine and my husband’s bank statements going right back to 2013. When looking at getting the information on my husband’s accounts online I noticed that he has an old ISA with approximately £2500 in it. My husband is 70 and is increasingly forgetful and had forgotten he even had this ISA still so then didn’t mention this ISA to me when I filled out the forms at Xmas time. I didn’t know he had this ISA until I was browsing through to print off his bank statements.

Now I don’t know what to do. I may be entitled to some back pay as for most of these years we didn’t have much in savings but now I am frightened that if I declare the forgotten ISA when sending back proofs of our bank statements, that I will be in all sorts of trouble because obviously I signed the original declaration form before Xmas. I’m now thinking perhaps I should just let it all go and not claim for any backdated pay as I don’t want and can’t cope with any stressful situations due to my health. It was a genuine mistake due to the rush with the time frame and the stress of Xmas etc.

On the other hand I don’t have a lot of money so if I was entitled to a back payment I could certainly do with it.

Any advice on what might happen to me if I carry on with the claim and declare this ISA I would be grateful.

Thanks.

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5 years 1 month ago #228245 by Gordon
Replied by Gordon on topic ESA Backdated Claim Query
Jenny

You definitely need to contact the DWP about the ISA, you have made a statement about your finances and whilst there is good reason why you did not include the information on the form, now that you do know about it you are obliged to tell them.

The ISA may not affect any back payment, if your total savings and assets are below £6000 then there will be no impact, if they are more than this but below £16,000 then there will be a deduction but you may still be eligible, it will only be if they are over £16,000 and were over this for the period covered by the review that you won't receive anything.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 years 1 month ago #228254 by Jenny46
Replied by Jenny46 on topic ESA Backdated Claim Query
Thanks Gordon for the reply.

Do you think it would be ok to just tell them in a letter at the same time as sending back all the bank statements they already require so it’s all included in one? Or should I speak directly on the telephone? I have a lot of anxiety around talking on the telephone.
Oh yes of course I will definitely tell them if I continue to make a claim for income related backdated ESA, but I was considering just dropping the whole claim instead, rather than be in any sort of trouble by declaring it after originally signing the form. That is what I am worried about that if I declare it and carry on with the claim that I will get fined or prosecuted or something because I didn’t originally include the ISA due to forgetfulness of my husband and me not even knowing he had it.
I understand what you are saying regarding entitlement to back pay depending on whether the ISA takes things over the £16,000 etc.
Thanks for your help.

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5 years 1 month ago #228262 by Gordon
Replied by Gordon on topic ESA Backdated Claim Query
Jenny

No, do it in writing and if you can afford it send it using a Tracked post so that you have proof of delivery which you should keep.

I don't see why you would be penalised, you are notifying them as soon as you discovered the error, just explain what has happened and why.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 years 1 month ago #228273 by keeptrying
Replied by keeptrying on topic ESA Backdated Claim Query
I agree with Gordon
there is no need to penalize you as you signed the declaration in good faith
and so long as you declare it now - with statements - then that should be fine

and once they take that into account, they can adjust any back payment they owe you

I totally understand your concerns, but i am sure it will be ok

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5 years 1 month ago #228289 by Jenny46
Replied by Jenny46 on topic ESA Backdated Claim Query
Thank you Gordon. I will do it in writing and send it by tracked post. You have made me feel less worried about it all. Much appreciate it.
The following user(s) said Thank You: Gordon

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