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TOPIC: Possible Back Pay from 2013 - IB to ESA (CB)

Possible Back Pay from 2013 - IB to ESA (CB) 6 months 3 weeks ago #211126

joss wrote: Hello there
Forgive me for tagging into this thread, but I am somewhat confused about this possible back pay following transfer from IB to EAS (CB)
I believe that I was transferred back in 2011. I have been in support group ever since.
I have not received a letter like ivyfox or Blondie regarding this possible back pay.
How do I find out if I may be potential due entitled to any back pay ?


They are dealing with 10,000s of claims, it's going to take a while for them to contact claimants.

Gordon

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

Possible Back Pay from 2013 - IB to ESA (CB) 6 months 3 weeks ago #211147

My husband migrated from INCAP to ESA in 2013 this was a smooth process to Support group or so I thought.

My question is, what might they have missed, they had the paperwork in front of them, he was not required to work under IB, this is why I thought it a smooth process.

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Possible Back Pay from 2013 - IB to ESA (CB) 6 months 3 weeks ago #211166

Elaine2 wrote: My husband migrated from INCAP to ESA in 2013 this was a smooth process to Support group or so I thought.

My question is, what might they have missed, they had the paperwork in front of them, he was not required to work under IB, this is why I thought it a smooth process.


When your husband was migrated to ESA they placed hmim on Contribution Based ESA, they should have also checked whether he was eligible for INcome Related ESA.

Gordon

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Possible Back Pay from 2013 - IB to ESA (CB) 6 months 3 weeks ago #211202

Oh, I see, no he wasn’t entitled to income related as we live in The EU.

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Possible Back Pay from 2013 - IB to ESA (CB) 6 months 3 weeks ago #211253

Update

I've now received the DWP's Decision to award me a very substantial back payment and the money has reached my bank account.

I quote relevant paragraphs from the letter below:

"We will not add the £substantial payment to any capital or savings you have already told us about until your claim ends. If you make a new claim for benefits, after 19/04/19 your benefit may be affected by this payment.

"The ESA Assessment Forms (ESA14), we've sent you with this letter, explain how your ESA(IR) payment was worked out.

"By law we are unable to pay you for any period before 21 October 2014 (Section 27 of the Social Security Act 1998).

"We'll send you another letter telling you what your new weekly payment of ESA will be from 20/04/18"

My questions are:

* Will this adversely affect my claims for Housing Benefit and Council Tax Reduction? After all, this is a back payment making good a shortfall, not a windfall payout.

* I am thinking to spend most of the back payment on topping up my state pension provision (which I've been too scared ever to look at). Is this a 'reasonable/justifiable' use of the money?
The following user(s) said Thank You: joss

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Possible Back Pay from 2013 - IB to ESA (CB) 6 months 3 weeks ago #211275

ivyfox

I would not expect the back payment to effect your Housing Benefit, because the same rules on disregarding this should also apply to HB but I would be proactive and contact them about the payment.

Be aware, your ESA includes NI Credits that count towards a Full State Pension so you may have no missing contributions, as the money is disregarded then it's up to you how you spend the money/

Gordon

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