Assessing the accuracy of DWP back-payment after a tribunal case has been won.

[amazinglyso]

My partner has recently attended a benefits tribunal, and has won the case for full entitlement of ESA which includes being in the support group. He received a £2,885 refund about 2.5 weeks later that does not appear to tally with just how long he has been without full benefits for 73 weeks - since June 2012 until Dec 2013. The only reason he received a fast refund, has a lot to do with the fact that he has a case support worker and who attended the tribunal with him. Without one of these, many people who attend the tribunal without a someone in a position of care authority; their case will either be declined or a far longer duration of waiting for decisions to be made and refunds etc - don't know why it works this way but it does. Although to many on here who are waiting for refunds, my partner's refund will seem very generous (Indeed) it is, but if you consider the fact that he has not received 73 weeks of ESA disability premium/s; support group rate and full ESA rate, the above amount means that the DWP has only paid him £35.50 per week for those 79 weeks!?.

I worked it out that they owed him approx £5'000-£6'000 back payment which would include disability premium and support group rate. He received £71.00 per week for at least 12 months, and should be getting £362.00 per fortnight at current ESA rates - disability premium rate and support group rate included in this amount. He receives his DLA and in the middle rate care bracket and lower mobility rate.

If anyone can give me any idea of why I believe that the DWP have miscalculated the back-payment and help me to see how they have arrived at the decision they have, I will be most grateful. His support worker will also be doing some calculating of the back-payment, yet often he is not necessarily clued up regarding finances and tends to just not challenge things unless he deems it necessary or not. I just want my partner to get what he is due and with accuracy.

[Tessa]

Basically the money is backdated to week 13 of the ESA claim. The first 13 weeks of an ESA claim you are paid the assessment rate of £71. After that you get the full rate. Is he entitled to the premium? I would check the eligibility for that.

entitledto.co.uk/help/help/...

gov.uk/disability-premiums-...

[amazinglyso in reply to Tessa]

Hi, thanks for your reply. Yes, he is entitled to the premium rate as he is on DLA and in the support group, his support worker has checked this too to make sure. I wasn't aware of the first 13 weeks (discounted) from total back-payment - that is not great news because it means that it cannot be challenged, and makes it even harder to assess what his pay-back total should amount to, but still a lot less than what it should be if they have included disability-premium; support group rate and the normal ESA rate that isn't assessment rate at 66 weeks from the overall 79.

[Tessa]

I get ESA (support group) and DLA high rate care and high rate mobility. I don't get any Disability Premiums because I'm not on Income Support. I run a group on Facebook that aims to help and support people with their ESA , DLA etc claims and appeals, tribunals etc. there are some very good people there with great knowledge. My admins have a lot of sound knowledge. If you want to join here's the link

facebook.com/groups/5762764...

But we are careful about who we let in so it is a closed group. If I know your name I could look out for you so the others know it's ok to add you.

[knowingispower in reply to Tessa]

Hello

You most definitely are entitled to a severe and enhanced disability premium in your circumstances. You do not need to be on income support.

All you need is to not have a carer/or carers allowance.

Try asking the dwp for form is10. It's a short form and if you qualify (your above details show you do!) You will be backdated to the START of your esa claim.