esa back pay

Hi

First i would like to say a big thank you for the help of all the guides on this wonderful site
my son was on ib for years with a physical disability then he went for the esa medical in may 2012
and he failed scoring 0 points we started the appeal straight away and he was then paid esa at the assessment rate the appeal was january 2013 and he won it and was put into support group and not to be re-assessed for at least 24 months we were really happy we would not have got through it without
all the reading of guides on here thank you so much.
just one thing i would like to ask is about the back pay he have been 26 weeks on the assessment
rate will he get the short fall payed back for the full 26 weeks thank you for any help

valerie wrote: Hi

First i would like to say a big thank you for the help of all the guides on this wonderful site
my son was on ib for years with a physical disability then he went for the esa medical in may 2012
and he failed scoring 0 points we started the appeal straight away and he was then paid esa at the assessment rate the appeal was january 2013 and he won it and was put into support group and not to be re-assessed for at least 24 months we were really happy we would not have got through it without
all the reading of guides on here thank you so much.
just one thing i would like to ask is about the back pay he have been 26 weeks on the assessment
rate will he get the short fall payed back for the full 26 weeks thank you for any help

Hi V,

That is excellent news regarding your son being placed into The SG at Appeal.

Thank you for letting us know, and for your kind words regarding our site.

As the Tribunal have in fact "remade" the original fit for work decision, your son will be entitled to any backpayment owed, (The difference between Assessment Rate ESA and what he would have been entitled to if he had been placed into The SG) from the date of the 0 points decison that you appealed, to present time.

If you have a copy of The Tribunal Decision Notice, it may help to speed things up, if you send a copy to The DWP Benefits Office/Centre that deals with your son's ESA.

See : Sending Documents to the DWP or ATOS

Well done !!!

bro58

That is great news valerie, thank you for letting us know.

Bro58
Thank you for you speedy reply he was paid some back pay but it only worked out half of what i thought he he was allowed when i phoned the DWP they said because it was a new claim of esa that he had to qualify for the 13 weeks on the assessment rate when i told them that it was not a new claim for esa that my son had already been on ib for years and i thought he was alloed to have all the back pay i dont think they knew what to say and if i was not happy about it then to a appeal against the decision and i told them that it had already been to appeal and then they said they would get a decision maker to look at the payment again and phone us so i am completly confused now.

valerie wrote: Bro58
Thank you for you speedy reply he was paid some back pay but it only worked out half of what i thought he he was allowed when i phoned the DWP they said because it was a new claim of esa that he had to qualify for the 13 weeks on the assessment rate when i told them that it was not a new claim for esa that my son had already been on ib for years and i thought he was alloed to have all the back pay i dont think they knew what to say and if i was not happy about it then to a appeal against the decision and i told them that it had already been to appeal and then they said they would get a decision maker to look at the payment again and phone us so i am completly confused now.

Hi V,

If it had been a fresh claim for ESA, then they would indeed be correct, in that he would only be entitled to the Assessment Rate of ESA for the first 13 Weeks of his claim.

In this scenario, the SG decision would only be backdated to the beginning of week 14 of the claim.

If as you say, he was in receipt of IB, before being transferred over to ESA, then he is definately entitled to any back pay owed from the date of the 0 points decision.

As a result of the Tribunal remaking the 0 points decision to SG, he will be classed as having been in The SG since the date of the 0 points decision. (when his IB payments ceased)

So in that case, the DWP are wrong and you are right.

It is not a case of appealing, you have done that, your son is entitled to the backpay, and that is all there is to it.

May I suggest that you write a letter to this effect, and send it to The Benefits Office, enclosing a copy of The Tribunal Decision. You may also wish to complain regarding the misinformation that you have suffered.

You could try phoning up also, but you are only initially put through to a call responder, and they are infamous for giving out incorrect information.

You should request an escalation to a manager, you will have to be patient, it may take 2 or 3 calls, so try and stay calm. Hopefully you will eventually get to speak to someone who knows what they are talking about. I would still send the letter though, as a backup.

Also, as your son has been transferred from IB, he cannot receive any less than he was receiving on IB prior to the transfer, under Transitional Protection.

Have a look at : What will I be paid?

&

The Transfer Process

From our : IB, IS, SDA, Migration to ESA FAQ’s

There is a Guide to The Transfer Process (1st link) on this page :

ESA Claims Guides

Please let us know how you get on.

bro58

Bro58
When I originally rang up to make the first enquiry I spoke to a callcentre operator who could see what I was talking about but was unable to do anything other than to transfer the call to the section that deals with the payments. The rep from that section was, as you said, not very helpful and did start to get frustrated at my insistance that my son was not making a new ESA claim but was in fact being transfered from IB to ESA at their insistance and could not understand that he had been deemed by ATOS as medically fit to work.
I am expecting to be contacted by the DWP Decision maker in the morning and as a result of your information I will indeed send them a copy of the Tribunal decision and an explanitary letter so that even they will be able to understand.
I will let you know the outcome and once again many thanks for the helpful info.