Put on wrong ESA Benefit for 5 years

[Alias]

Hello everyone,

Hope you are all well...

I would like some advice if anyone could help? Since December 2011 I was put on ESA as my benefit automatically transferred over from Incapacity Benefit.

I spoke to someone at DWP over the phone today and they told me that I was on "contribution based ESA" which basically means since 2011 I have been receiving £220 every two weeks rather then £250 when in fact I should of been on "means tested ESA"

The lady on the phone told me that I should apply for "means tested" as this is what I should of really been on from the start as I have no savings etc...

She informed me that she will send me an ESA3 form which I have to complete to have this changed but it was the DWP who original put me on "contribution based ESA" from the start.

My question is will they backdate my ESA from Dec 2011 or do they not go that far back (considering it was their error)

Many thanks for the help

[Selkie]

People have had the money they should have had paid to them in situations like this and so I think it's definitely worth looking into getting it paid to you, even if you have to get citizen's advice involved.

I may be wrong in saying this so don't take it as 100% truth, but I think as long as it's been the same continual claim since 2011 (for instance you've not been declared fit for work or had to re-apply for ESA) then you should be entitled to payments from 2011 onward.

Good luck with finding out more. Hope you get some of it back so you can treat yourself to something nice.

[NoPoet]

If they have put you on the wrong type of ESA then they should correct their own mistake. I'm not sure why you would need to do anything - as Selkirk says, you should talk to citizens advice and try to get advice and preferably an advocate to do this stuff for you (or with you). I do not recommend you deal with this without an advocate.

Ring the DWP back and see if notes were made by the person who told you that you are on the wrong rate. (If they have made notes, get the time, date and the name of the advisor who told you if possible.) I would ask them for a copy of the recording of that call.

If it is confirmed that they have always paid the wrong rate, they should send you a back payment covering the difference for the entire time you should have been on the higher rate. This would be potentially huge.

They will fight this all the way though. The DWP does not want to pay anyone any benefits at all. They certainly don't want to back-pay you six or seven grand (or whatever the amount should be). Assume the DWP will attempt to screw you over whichever way they can; assume they'll deny making any mistakes; assume you will be stonewalled unless you get appropriate support.

Good luck!