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TOPIC: esa back payment NOT at time of IB transfer

esa back payment NOT at time of IB transfer 1 week 21 hours ago #222618

I was not eligible at the time, but have been since 2014
they have taken months and have finally decided they will NOT pay me the back pay as I did not tell them my financial situation had changed at the time

i had no reason to do so, of course
since i was not on an income related benefit

i am unsure how to challenge their decision

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esa back payment NOT at time of IB transfer 1 week 20 hours ago #222622

Walker

We have seen mixed results to this situation, the vast majority of members have been paid the missed money but some like you have been told that as they did not notify the DWP then it is not payable.

I'm afraid all you can do is request an MR and likely an appeal of the Decision, you might want to get trained face to face advice as you may need someone who can communicate with the DWP on your behalf, which we cannot do on the forum.

I think it is a reasonable argument that you cannot be expected to communicate a Change of Circumstances that you were not aware that you had to communicate..

Gordon

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

esa back payment NOT at time of IB transfer 6 days 15 hours ago #222723

I requested the MR - that is what has been turned down
with them quoting regulations at me
I want to appeal but don't actually know what point of appeal to make

pretty sure will lose out on this
it seems exceedingly unfair that NO ONE knew about it, but those of us not eligible at the time get turned down
it is exhausting trying to deal with it and honestly wish they had never written in the first place

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esa back payment NOT at time of IB transfer 6 days 14 hours ago #222734

walker

Then your only way forward is to appeal their Decision, my thought is that you would be arguing that their Decision is perverse to refuse the additional payments on the basis that you did not notify them when you did not know that you needed to.

Gordon

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

esa back payment NOT at time of IB transfer 6 days 14 hours ago #222737

unfortunately I think they have covered that base in one of their regulations about ignorance of the law being no excuse

it just seems utterly unfair that all those who missed out on this, get it if they were eligible at migration but not later - when NONE of us knew about it

I notified them about my change in living circumstances so they knew I was no longer with hub
and I knew about the savings rule for housing ben, which is why I contacted them when my savings had gone down to be eligible but I had no idea about anything else since I was NOT on an income related benefit from dwp
I was also very unwell at the time but I doubt that matters to them

no use moaning - since 7 months ago i knew nothing about any of this
The following user(s) said Thank You: Gordon

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esa back payment NOT at time of IB transfer 2 days 23 hours ago #222864

am going to see a welfare rights person today, she said they have had another similar case

if there is anyone on here who is in the same position - i.e. eligible for esa backpay - but NOT at the point of IB transfer - I would be very interested to know if anyone has managed to get their payment
thank you

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Moderators: bro58GordonMrs HurtybackIzzy1010LisaJenny Clarke