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TOPIC: Backdated esa from contributions to income

Backdated esa from contributions to income 1 month 1 week ago #237212

Sidhu

Based on your posts I think you have a claim for the back payments.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Backdated esa from contributions to income 1 month 1 week ago #237213

Sidhu wrote:

Sidhu wrote: Yes I got hold of the child tax credit people and they said it was on their system that I had separated in Nov 2011. Now I just want to know why there so fixed on that one date and not willing to pay me from the time I told them till now. Have I got grounds for appeal. I don’t know where to go for help on this as citizens advice is also baffled


When you phone the ESA people you are talking to a call centre operator, don't assume that they know what they are talking about, especially as these reviews are being done by a separate team within the DWP.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Backdated esa from contributions to income 1 month 1 week ago #237217

Where would I go for help with an appeal, how would I go about it as time is limited.

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Backdated esa from contributions to income 1 month 1 week ago #237224

regarding appeal
if you have already gone to MR and failed - they should on that letter, tell you that you can appeal and how to do it
there will also be help on here
I filled in the form SSCS1 (I think you might be able to do this online now)

and you need to give your reasoning - i.e. you informed them of that change and at that point they should have assess you correctly including your income

also since you were on ESA CB, YOU had no reason to know that they would need to know about income as it is would not be affected by your personal finances

if they had handled your claim correctly at the time they should have reassessed your financial situation
and they have already admitted they were informed of your change in circumstances

oh one thing I remember - the team that dealt with your original back payment - will not and cannot deal with anything from a later date - so appealing their decision probably wont work - see below

you need to look at the letter that informs you of your CURRENT award, with the new decision that you can receive ESA IR from this year - on that letter (you should have received it by now) will be the chance to MR - which you need to do and you need to explain what I said earlier

it is the current decision you are now arguing against - tell them you are claiming from that date in NOV 2011 and explain why

sorry for confusion, it is 4.30 am and I am not so clear headed, and also unwell at the moment
but I will continue to help if I can
The following user(s) said Thank You: Sidhu

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Backdated esa from contributions to income 1 month 1 week ago #237249

Sidhu wrote: Where would I go for help with an appeal, how would I go about it as time is limited.


The first thing you need to do is to request a Mandatory Reconsideration of the Decision. Our Appeal guides explain how to do this and there are sample MR requests you can use, they are set up for problems with a claim but can easily be adapted to your circumstances. See

www.benefitsandwork.co.uk/help-for-claimants/esa1

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Backdated esa from contributions to income 1 month 1 week ago #237257

Thank you so much when they sent me alerted few days ago saying I didn’t qualify from Aug 2011 I spoke to them on the phone and he lodged that down as manadatory reconsideration then a woman the next day phones and tells me no I can’t get it she also dod say I’ll send a letter in the post. Now I’m wondering should I on paper still send another reconsideration letter so I have proof? Or wait for their letter and appeal? I just now received the letter stating change in money coming in they have paid me only from this May backdated it and on the letter says. We have looked at your claim again following a recent change. Also states I’m entitled to both contributions and income Related esa? So I think what I might do is send a reconsideration letter and then if no joy appeal. As it was done on the phone they haven’t said to appeal don’t know if they logged it on their system.

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