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Move ESA support group and possible back payment

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8 years 10 months ago #139175 by nath
Hi,

I'd be most appreciative if anyone could help me understand the letter I received from the ESA this morning. It mostly reads like gobbledygook but at the end says I could be due a payment of arrears.

I'd like to type out the whole letter (minus identifying elements obvs) because the whole thing has me confused.

Before the letter I'd like to give a quick bio. I fell of a ladder while working in Dec 2013, the company kept me on the payroll until Feb 14. The OT was keen that I should have a phased return to work. But the company was going through reduncies and I couldn't see a role for myself beyond what I had been previously doing. I could of had an industrial or even a civil claim in retrospect as the equipment was unfit for purpose. But I resigned and received a good reference.

What I didn't expect was to be hit with massive depression I won't go into much detail but the depression and anxiety were really taking over my life. I had suffered in the past but this was a lot worse. Living on the bread line really didn't help. From March 2014 to present, I received basic (JSA rate) ESA. A letter requesting me to attend an ATOS assessment was received some time in Feb 15 but I was unable to attend. I had severe anxiety, was on anti-depressants and benzodiazepines and the whole process seemed to much. Thankfully my GP wrote me a letter that I faxed to them stating I was unable to attend the assessment. I didn't hear anything back and was still consistently posting ESA 6 week sick lines upon their demand.

A friend recommended me this site and, living in Northern Ireland, said there would be a good chance I would be entitled to DLA. I completed the form and was awarded middle rate care, no mobility. I have no carer and do not receive a care component. Is it too late to claim this?

Within 4 weeks of submitting the application things became a lot worse and I spent 6 weeks in-patient.

While in hospital I was still having to supply ESA with 6 week sick lines. I had read about work groups and support groups but I had been claiming ESA at JSA rate for 15 months. I was informed that a doctor would have to do a home assessment but give no time frame due 'to exceptional strain' on the system. I also had no feedback from the medical evidence I submitted, I was still being asked for sick lines even though I was in hospital. I gave up.

However I received a letter today -

YOUR CLAIM FOR EMPLOYMENT AND SUPPORT ALLOWANCE
CHANGES IN THE EMPLOYMENT AND SUPPORT ALLOWANCE RATES PAYTABLE

We have looked at your claim again following a recent change. From 30th of August 2014 your employment and support allowance will be £113.64 a week.

This is because of:

A decision on your capability for work. You have been placed in the Support Group.

From 28th February 2015 your employment support allowance will be £109.13 a week.

This is because of a change in deductions from your 'ESA'

a change in money coming in.

From 7 March 2015 your 'ESA' will be £112.21 a week.

This is because of:

a change in deductions from your ESA

From 14 March 2015 your 'ESA' will be £109.13 a week

This is because:

a change in deductions from your 'ESA'

From 11 April 2015 your 'ESA' will be £118.77 a week

This is because

a change in deductions from your 'ESA'

From 18 April your 'ESA' will be £120.55 a week

This is because a change in deductions from your 'ESA'

From 25 April your ESA will be £112.45 a week

This is because of a change in deductions from your 'ESA'

From 20th June 2015 your 'ESA' will be £109.29 a week

This is because of:

a change in deductions from your ESA

From 27 June 2015 your ESA will be £124.55

This is because of:

a change in deductions from your 'ESA'

From 4 July your ESA will be £109.29 a week

This is because of:

A change in deductions from your 'ESA'

This is because of

a change in deductions from your 'ESA'

(no idea why that was doubled up)

From 8 August your ESA will be £125.05 a week

This is because of:

a change in deductions from your 'ESA'

You meet the eligibility criteria for Support Group. This means you are not required to take part in any work related activity, although you can volunteer by contacting a Personal Advisor

We have used the tax years ending 5 April 2012 to April 2013 to assess your claim.

We will credit you with national insurance contributions while claiming 'ESA'

You are required to immediately report any change of circumstances to us. or the circumstances of your partner if you have one.

The attached sheet shows how we worked out your money (REALLY?!?) If you want more information please get in touch with us

This assessment is based on how much the law says you need to live on. You have not paid, or been credited with, enough National insurance Contributions for them to be used in this assessment.

How money will be paid

yada yada

OTHER HELP YOU MAY BE ENTITLED TOO
You may be entitled to other help. To find out more about this ask for leaflet INF2. - is this worth following up?

HOUSING BENEFIT

ETC ETC

WHAT TO DO IF THE DECISION IS WRONG

ETC ETC, Although states that it is very important to get in touch within a month. Something about a MANDATORY RECONSIDERATION - to be blunt I don't even know what they are considering from the outset.

Final Page

HOW EMPLOYMENT AND SUPPORT ALLOWANCE HAS BEEN WORKED OUT

THE EMPLOYMENT AND SUPPORT ALLOWANCE AWARD

Living expenses - £72.40
Extra money because of the disability Income guarantee - £15.55

LIMITED CAPABILITY FOR WORK

Extra money because you are in the support group £35.55

Which gives a total income-related amount £123.70

INCOME AND BENEFITS

No income will be taken off your ESA

Your income-related amount is £123.70 less total income of £0.00

DEDUCTIONS TAKEN FROM THE SOCIAL FUND

£10.07 from a social fund loan

Your total deductions are £10.07

So the amount you are going to get each week is £113.63.

The amounts on this page are from 30 August to 27 February 2015

'a payment of arrears of Income-related ESA amounting to £2472.80p calculated for the period from 30th Aug 2014 to 31st July 2015.

This arrears payment has not been sent or credited to you as we are holding details of a possible overpayment. We are checking whether any recovery must be made. Arrears payments due will be sent to you as soon as possible and we will tell you why any money has been held back.

If you do not hear from us about this after 5 days, please contact this office.

Sincerly

.....

Well If you stuck with me through that post many many thanks. It's not the usual brown envelope and this talk of arrears being nearly £2500 just seems far to good to be true. I've ran up a lot of debt and this would help so much. However it's clearly mentioned 'We are holding details of a possible overpayment. We are checking whether any recovery must be made'. This has me nervous as I really don't know what that could be concerning. How come all the pages detailing different amounts?

Have other members had similar letters? How timely are arrears credited? I can't help think if something seems to good to be true then it likely is. I'm also wondering how long dos a person get placed in the support group? I'm not too long out of hospital, I do want to work/volunteer in some capacity.

I would be extremely grateful if somebody could take the time to shed a bit of light on this. It's taken me all day to post this! Benefitsandwork membership has been extremely useful navigating the DLA form. Some help would be most appreciated.

Thanks

N

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8 years 10 months ago - 8 years 10 months ago #139182 by Gordon
Nath

Sorry for the delay in responding, I've just lost my whole post just before I submitted it. :( :angry:

You've been placed in the Support Group. This appears to have been done on a paper only assessment, Maximus, the Assessment Provider may have contacted your GP or other doctors supporting you.

This appears to be the first Decision on your claim so it applies from the date you made it from. Also, back payments would be from the beginning of week 14 of your claim.

You are being paid Contribution Based ESA with an Income Related ESA top-up.

Each April the ESA rates are normally increased, this accounts for some of the re-calculated amounts, the deductions appear to be related to at least one Social Fund loan that you have taken out over this period.

I can't see any immediate reason for the comment about an over payment, did you notify the DWP that you were in hospital in regard your DLA claim, Whilst a claimant remains entitled to DLA, payments will be stopped after they have spent 28 days in hospital and will not be restarted until they come out. Is it possible that this is the reason?

You should be able to calculate what you should have received each year from the following FAQ

Benefit Rates 2015

You should receive

Personal Allowance (currently £73.10)
Support Group component (£36.20)
Enhanced Disability Premium for being in the SG (£15.75)

ESA is paid 2 weekly in arrears so your first regular payment should be no more than two weeks from the date of the letter.

Back payments will not be made until the over payment issue is resolved, but should only take 3-4 days once this is done.

If you cannot track the deductions or the over payment then you need to phone the ESA office that dealt with your claim for an explanation, this may require a phone back from a manager.

If I've missed anything or you have further questions then please reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 10 months ago by Gordon.
The following user(s) said Thank You: nath

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8 years 10 months ago #139187 by nath
Thank you very much for your reply Gordon,

That is good news being placed in the support group, I'm sure you're aware how difficult to survive on the JSA rate of ESA alone.

It seems the discrepancies between amounts would correspond to the 3 social fund loans I have had and the April adjustment.

Regarding the comment about them discussing the overpayment. I can see only 3 possible reasons for this.

1, I did try to return to work in April 13 and I notified the ESA of this. Unfortunately the job only lasted under 4 weeks due to my condition. When I contacted ESA again they said my timing was lucky because they were about to close my claim. To the best of my knowledge I received no payments

2, The situation that worries me the most. I was just receiving basic rate ESA (no DLA) and delivered pizzas for around 10 weeks. Being under 35 and HB not covering my rent I couldn't cover rent. In total I earned around £600. It was self-employed although linked to my national insurance number. I'm 98% certain I wasn't delivering pizza's as of the 30th of August 2014 for what that's worth :S

3, During my hospital stay I did ring the ESA, and told them my stay would be for 4 weeks however 3 weeks my stay was extended to 6 weeks and I didn't inform either the DWP or ESA regarding the extra 2 weeks.


Although I know that this should be good news, I can't help wondering if any of the above will land me any trouble? Have I committed some kind of fraud? I really really hope not. I guess it's squeaky bum time for the next week. Also Gordon would it be possible to ask how long being placed in the support group lasts?

Thanks again for your (2nd) reply :)

N

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8 years 9 months ago #139220 by Gordon
Nath

You'll only know what the deductions were by phoning the DWP and asking.

Were you in hospital when you were receiving DLA, if you were and did not contact the DLA unit (the ESA unit would not have passed the information on), then you may have been over paid as your payments should have stopped after 28 days.

ESA awards are indefinite with regular re-assessment, if an award is made then you will be able to get an idea of when you will be re-assessed by phoning the ESA call centre, who should be able to tell you the date.

You cannot work while receiving ESA unless it is covered by Permitted Work and has to be agreed by the DWP in advance, From you post the first period of work was between claims, but it is not clear whether this was the case when you were delivering pizzas.

ESA claims separated by 12 weeks or less will link and will be considered an on-going claim, your working can be considered during any assessment, especially if the work you did contradicts your stated limitations.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: nath

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8 years 9 months ago #139429 by nath
Well just thought i'd update. Mainly to give thanks. The back payment came through in full. I was very lucky, still unwell, but still lucky. There's no doubt that if I hadn't found this site I would have had no chance at accurately filling out the DLA form and then no chance of getting placed without medical in the support group. Best £20 ever spent tbh. Many thanks.

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  • bro58
8 years 9 months ago #139433 by bro58

nath wrote: Well just thought i'd update. Mainly to give thanks. The back payment came through in full. I was very lucky, still unwell, but still lucky. There's no doubt that if I hadn't found this site I would have had no chance at accurately filling out the DLA form and then no chance of getting placed without medical in the support group. Best £20 ever spent tbh. Many thanks.


That's really good news nath !! :)

Thanks for letting us know and for your complimentary comments regarding B&W ! :)

bro58

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