Decision maker's administration error

pippers wrote: Went to my appeal yesterday, the judge and doctor agreed I should be in the support group, I was given 15 points for the mobility activity, no longer WRA group, I am so RELIEVED< Thanks you all so much for all the help and knowledge from this site.

I now need some help if you don't mind, I have been on CB/ESA since November I was sent an ESA3 by a DWP employee back then and advised to fill it in to apply for IR/ESA, is this right and should I fill it in and send it to them.

My circumstances: I have been separated from my husband for 10yrs, my Daughter who is 27yrs lives with me (a non-dependent) in my council owned home, she is in full time employment, I am also in receipt of high rate mobility and low rate care, would applying fir IR/ESA benefit me?

Hi p,

Congratulation on winning your appeal to be placed into The SG.

Thanks for your kind comments regarding B&W.

As the Tribunal have placed you into The SG, this SG award will now be backdated to the time of The WRAG decision which you successfully appealed.

Therefore, you would be owed any back pay from the date of The WRAG decision with respect to any difference between what you have been receiving and what you would have received if originally placed into The SG.

As you have been entitled to CB ESA, then you will again be paid CB ESA in The SG.

However, you may also be entitled to IR ESA top ups to this.

These IR ESA top ups could be paid in the form of The Enhanced Disability Premium as you are now in The SG, (and in effect have been since the date of the adverse WRAG decision)

Whether or not you are entitled to any IR ESA top ups, would depend on your personal circumstances, with respect to household income, assets, capital and savings etc, so I cannot really offer a definitive answer as to whether you would be entitled.

My best suggestion would be to fill in The ESA3, and send it to The DWP with a copy of the Tribunal Decision Notice letter.

Sending Documents to the DWP or ATOS

The only way that you could be sure that you may or may not be entitled to any IR ESA would be to seek face to face advice, where they have access to all your personal details.

You only have to receive as little as a penny of IR ESA to be passported to other benefits, such as free dental care and prescriptions, HB and CTA, so it is well worth filling in and returning The ESA3.

bro58

bro58 wrote:

pippers wrote: Went to my appeal yesterday, the judge and doctor agreed I should be in the support group, I was given 15 points for the mobility activity, no longer WRA group, I am so RELIEVED< Thanks you all so much for all the help and knowledge from this site.

I now need some help if you don't mind, I have been on CB/ESA since November I was sent an ESA3 by a DWP employee back then and advised to fill it in to apply for IR/ESA, is this right and should I fill it in and send it to them.

My circumstances: I have been separated from my husband for 10yrs, my Daughter who is 27yrs lives with me (a non-dependent) in my council owned home, she is in full time employment, I am also in receipt of high rate mobility and low rate care, would applying fir IR/ESA benefit me?

Hi p,

Congratulation on winning your appeal to be placed into The SG.

Thanks for your kind comments regarding B&W.

As the Tribunal have placed you into The SG, this SG award will now be backdated to the time of The WRAG decision which you successfully appealed.

Therefore, you would be owed any back pay from the date of The WRAG decision with respect to any difference between what you have been receiving and what you would have received if originally placed into The SG.

As you have been entitled to CB ESA, then you will again be paid CB ESA in The SG.

However, you may also be entitled to IR ESA top ups to this.

These IR ESA top ups could be paid in the form of The Enhanced Disability Premium as you are now in The SG, (and in effect have been since the date of the adverse WRAG decision)

Whether or not you are entitled to any IR ESA top ups, would depend on your personal circumstances, with respect to household income, assets, capital and savings etc, so I cannot really offer a definitive answer as to whether you would be entitled.

My best suggestion would be to fill in The ESA3, and send it to The DWP with a copy of the Tribunal Decision Notice letter.

Sending Documents to the DWP or ATOS

The only way that you could be sure that you may or may not be entitled to any IR ESA would be to seek face to face advice, where they have access to all your personal details.

You only have to receive as little as a penny of IR ESA to be passported to other benefits, such as free dental care and prescriptions, HB and CTA, so it is well worth filling in and returning The ESA3.

bro58

Hi p,

As you may be aware, there is no 365 days limit to payment of ESA whilst in The SG,(whether it be IR ESA or CB ESA) and there is no 365 day limit to payment of ESA in either group, if any part of your ESA is IR ESA.

See :

12 Month Limit for ESA(CB)

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

bro58

Thank you for the very informative advice much appreciated, One other thing, If I fill out and send in the ESA3 the probability is that it can only benefit me, and couldn't in anyway make me financially worse off ?

Also as I have no assets or savings, just a daughter of 27 living me who is in full time employment, and is always stated in all DWP paperwork that I have received recently and over the years, the most recent paperwork being of 3 weeks ago, where she is always named and classed as a non-dependent? Which is I assume due to me being in receipt of high rate mobility and low rate care.

pippers wrote: Thank you for the very informative advice much appreciated, One other thing, If I fill out and send in the ESA3 the probability is that it can only benefit me, and couldn't in anyway make me financially worse off ?

Hi p,

It shouldn't do, as payment of IR ESA as a top up or in full ensures that you are receiving the maximum amount allowed under the law.

However, again, as I don't have access to all your personal details, nor could I ever have on the forum, I would advise that you seek face to face advice.

Where to get advice?

You could also have a look at this :

Benefits Calculator

You can also obtain advice from the Benefits Enquiry Line :

www.gov.uk/benefit-enquiry-line

bro58

pippers wrote: Also as I have no assets or savings, just a daughter of 27 living me who is in full time employment, and is always stated in all DWP paperwork that I have received recently and over the years, the most recent paperwork being of 3 weeks ago, where she is always named and classed as a non-dependent? Which is I assume due to me being in receipt of high rate mobility and low rate care.

Hi p,

I can only reiterate what I have already advised in my previous posts, and my last one, here :

www.benefitsandwork.co.uk/forum?view=top...97504&start=6#102814

We cannot give definitive advice relating to a member's financial and other personal circumstances.

Doing so, could do more harm than good.

bro58