Back money problem

I have been moved from the WRAG group to the support group. My understanding was that you were entitled to enhanced disability premium of £15.55 and that the disability premium would be back dated to the 14 week as it was overturned during mandatory reconsideration. I have never been sick before and always worked so when I made my claim for ESA I claimed contributions because I didn't really realise I could claim both so because I didn't claim income related at the start the money is not getting back dated.

I have also just found out that I wouldn't be getting the severe disability premium even though I get PIP and get care and mobility and the reason for this is because I live with my disabled mother. I really don't understand this at all. My understanding was that if you got care PIP then you were entitled to the severe disability premium so I therefore lose out on £61.10 per week as well as over £2000 back money. I just don't understand this as we are not a couple and are 2 individuals.

Hi C,

There is actually UTT Caselaw on this very issue : Here.

Relevant extracts from the ruling above are :

Para 12. ... it is not necessary to make separate claims for each of the contributory allowance and the income-related allowance. ... there is nothing in the legislation requiring separate claims for the contributory allowance and the income-related allowance.

Para 13. As a matter of practice, a claimant is given an opportunity on a standard claim form to indicate whether he or she wishes to “claim” both allowances or only one of them.

That has obvious administrative advantages for the Department and it also has advantages for claimants – provided that they do not wrongly believe that they are not entitled to one or other of the allowances – because it avoids delay while contribution records are investigated or, probably more importantly, makes it unnecessary for a claimant to provide details of his or her financial position.

Nonetheless, despite the language usually used, an indication that one or other of the allowances is not “claimed” amounts to a waiver of the need for the Secretary of State to consider entitlement to that element of employment and support allowance, rather than amounting to a true failure to claim it.

The legislation does not actually contemplate there being a claim for only one element of the allowance.

Para 25. ... the amount of employment and support allowance may include an amount attributable to the income-related allowance without a specific claim for that allowance having been made"

Paying heed to Gordon's advice, and on the premise that you are entitled to payment of IR ESA Premiums with respect to the means test, etc, you might want to state the Case File Number to The DWP : CE/4181/2013, quoting the relevant paragraph (Para) numbers and extracts.

bro58

With regards to PIP my mother receives DLA at the highest rate for both care and mobility and no one claims carers allowance for her. I have spoke to DWP again and they say I need to fill out an ESA10 form. Can you tell me if the SDP is backdated to my PIP claim date which was June 2014 which is what happened with my PIP claim which was only sorted out about 3 weeks ago.

With regards to ESA I was told that because I didn't claim IR from the start of my ESA claim I would not be entitled to back pay and only from the date I applied for IR which was 3 weeks ago. When I was put in the support group I didn't even know I would be entitled to EDP I found this out from a friend.

Cazza wrote: With regards to PIP my mother receives DLA at the highest rate for both care and mobility and no one claims carers allowance for her. I have spoke to DWP again and they say I need to fill out an ESA10 form. Can you tell me if the SDP is backdated to my PIP claim date which was June 2014 which is what happened with my PIP claim which was only sorted out about 3 weeks ago.

With regards to ESA I was told that because I didn't claim IR from the start of my ESA claim I would not be entitled to back pay and only from the date I applied for IR which was 3 weeks ago. When I was put in the support group I didn't even know I would be entitled to EDP I found this out from a friend.

Hi C,

"With regards to ESA I was told that because I didn't claim IR from the start of my ESA claim I would not be entitled to back pay and only from the date I applied for IR which was 3 weeks ago"

As advised by Gordon, and reiterated by the Caselaw in my previous post, what they have told you is wrong.

You don't have to make separate claims for CB ESA or IR ESA, ESA is a single benefit.

If you can pass the IR ESA means test, then you should be entitled to payment of The EDP from the date of your SG Award.

With respect to The SDP, likewise, if you fulfill all the qualifying criteria, (if your Mum receives HR Care DLA then you should be "classed" as living alone) and you can pass the IR ESA means test, then you should be entitled to payment of The SDP from the date of your DL PIP Award.

There is no restriction on the back dating period that The EDP and SDP can be paid from, which appears to be from June 2014 for the SDP and from the date of your SG Award for the EDP.

Remember, to be entitled to the full amount of arrears owed of The SDP and EDP, not only must you fulfill all the criteria and IR ESA means test now, you must have also fulfilled them on the original date of The PIP DL Award and ESA SG Award, and continuously since those dates to present day.

Are you sure that the form that they are going to send you is not an : IS10 Form ?

bro58

Thank you bro58 and Gordon for all your help and advice. I hopefully will get the ESA and PIP situation sorted with the advice that you have given.



Many Thanks