Still no joy with EDP and SDP back pay

Hi,

I claimed both PIP and ESA in june 2014.

As I have always worked I only claimed contribution based because I thought I wouldn't be entitled to Income related. I was originally put into the WRAG group but after mandatory reconsideration I was put into the support group. My understanding was that because I was put into the support group I would get EDP top up of £15.55 but this didn't happen until I contacted DWP and then filled out a ESA3 form which was in January 2015 so therefore they say I am only entitled to back pay to January and not when I was put in the support group. I think it should have been added without me having to contact them but apparently not.

Again similar situation with regards to SDP, was told originally that I didn't need to fill in a IS10 form because it looked like it was being added to my PIP claim and that it would be backdated to my PIP claim date which was June this didn't happen so I phoned again and they sent out a IS10 form. I have been told that this is only back dated to january because this was when I was paid EDP which is an IR related benefit and before that all I received was contribution based.

Cazza wrote: Hi,

I claimed both PIP and ESA in june 2014.

As I have always worked I only claimed contribution based because I thought I wouldn't be entitled to Income related. I was originally put into the WRAG group but after mandatory reconsideration I was put into the support group. My understanding was that because I was put into the support group I would get EDP top up of £15.55 but this didn't happen until I contacted DWP and then filled out a ESA3 form which was in January 2015 so therefore they say I am only entitled to back pay to January and not when I was put in the support group. I think it should have been added without me having to contact them but apparently not.

Again similar situation with regards to SDP, was told originally that I didn't need to fill in a IS10 form because it looked like it was being added to my PIP claim and that it would be backdated to my PIP claim date which was June this didn't happen so I phoned again and they sent out a IS10 form. I have been told that this is only back dated to january because this was when I was paid EDP which is an IR related benefit and before that all I received was contribution based.

Hi C,

I will refer you back to my post : Here.

I think that it is now time to put it in writing.

You should write to The DWP at the address of the Benefits Office/Centre on your most recent ESA Letter : Sending Documents to the DWP.

You should cite/quote : UTT Caselaw : 2014 UKUT 480 AAC

You could even quote the actual Paragraphs 12, 13 and 25 that I have emboldened in my previous post that I have provided the link to above.

Inform them that you are entitled to The EDP from the active date of your Support Group (SG) Award and you are entitled to The SDP from the start date of your PIP Claim.

There is no time limit for back payments of these Premiums.

State the following to them verbatim if you wish, which confirms the above :

Being entitled to payment of an ESA Premium due to being awarded a "qualifying benefit/s" is classed as a supersession under : Regulation 6(2)(e) covered under : The Social Security and Child Support (Decisions and Appeals) Regulations 1999 (SI 1999/991) which, under : Regulation 7 (7) is effective from the day that the "qualifying benefit/s" for the premium/s was/were awarded.

In plain English, the "qualifying benefit/s" are your SG Award which gives you entitlement to The EDP, and your PIP Daily Living Award which gives you entitlement to The SDP.

Reg 7. (7) confirms that you are entitled to The EDP and The SDP from the day that the "qualifying benefit/s" giving entitlement to the Premium/s were awarded.

They are still talking rubbish, and you should not let them off the hook.

The misinformation that you are suffering is a common occurance.

They cannot argue with legislation and UTT Caselaw.

I would also copy your M.P. in on this, and ask for their support :

Contacting your MP

You don't have to understand the Regulations and Caselaw to quote it !!

Good luck and please keep us updated.

bro58

Thank you so much for your help bro58. Your information helps so much, I was beginning to think I would just have to give up on this but knowing that I am right makes me determined to try and get what I am rightfully due. I will write back with any further updates.