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TOPIC: Backdated esa from contributions to income

Backdated esa from contributions to income 1 month 1 week ago #237206

my advice is DO NOT give up
I had a similar situation - changed to ESA in 2011/12 (had working husband) then left him in 2012 but because that change was after the start of my ESA, they would not pay - saying I should have notified them

I DID - as they know because they had my new addresses and that I was living alone
they never sent me any forms, nor told me about the IR ESA, nor did they ever suggest the change in my circumstances could make any difference to my benefit

I did MR - failed
I applied for an appeal - and they backed down, cancelled the appeal and admitted they failed to assess me appropriately
it took nearly 10 months, but I did receive a sizeable back payment in the end

if you can prove that you informed them of the change, and THEY failed to action it properly, then keep on pushing

good luck
The following user(s) said Thank You: Sidhu

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Backdated esa from contributions to income 1 month 1 week ago #237207

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 3011. 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


Informing Tax Credits is not the same as informing the office dealing with your ESA not least because TCs are managed by HMRC and not the DWP.

However, you can argue that as you were only receiving ESA(CB) and that is a benefit only paid to and behalf of the claimant that you were not aware that you needed to inform the DWP about a Change that would not affect your benefit. Normally ignorance of the law is not a defence bit, in this case, I think you can present it as being reasonable.

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 #237208

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

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Backdated esa from contributions to income 1 month 1 week ago #237209

I just looked back st their reply even they said on their records I informed them in Nov 2011
Do you think this a case to appeal for?

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Backdated esa from contributions to income 1 month 1 week ago #237210

Yes when I spoke to them they admitted I told them in Nov 2011. But the lady on the phone from Dwp when I said mandatory reconsideration she was rude and said as on the day the dwp found out that’s the day I was still in a married relationship. Should I appeal and where do I go. Sorry have many illnesses and need help

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Backdated esa from contributions to income 1 month 1 week ago #237211

Forgot to did you go through a solicitor to appeal? How did you go about it?

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Moderators: GordonGaryBIS