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ESA – migration cases – inaccurate IRESA assessments?
Possible wider implications of DWP’s decision in this case from Tom Royston of Garden Court North Chambers -
‘... the DWP now appears to accept that it cannot lawfully rely on section 27 Social Security Act 1998 to limit arrears arising from a past error merely because a court case has subsequently discussed the issues relating to that error. That acceptance may result in claimants receiving substantially more arrears when errors are discovered in future.’
Sarah Newton in response to the urgent question in parliament today -
Yes, some individual cases were raised in 2013, but at that time the Department felt that they were individual cases. It was not that the Department was lacklustre in trying to deal with the issue…
In fact, it was the proactive work of the DWP—in ensuring that we look out for fraud and underpayment—that identified this problem, and Ministers in the Department have worked proactively to put the necessary resources in place to resolve the issue as soon as possible.
Nothing to do with advisers then after all….
What a load of self-praising hooey!
I also consider that the use of the expression ‘proactive’ should be punished with ten years in jail.
lies, lies and dwp
very well done all, some very good work. very very good work.
Massive well done to CPAG, NAWRA and all WROs involved. This Govt caught acting unlawfully yet again. One of very many instances. Legal action such an important tool to secure the rights of thousands of claimants. They never give in out of a sense of fairness only when are going to lose a fight.
ESA50; are there are valid reasons that a client in Support Group since 2013, currently undergoing IB/ESA REASSESSMENT, would be required to complete ESA50 form, as one has been sent to her?
We called the special ESA(IBR) number- they do not deal with ESA50s so couldn’t help. We called the standard JS+ number- they don’t understand the reassessment exercise, so couldn’t help much neither.
I just don’t want the client to suddenly stop receiving ESA because she didn’t complete her Capability for Work Questionnaire!
I am going slightly doolally with this heat too.
Is it simply a coincidence and they’re doing a standard review of entitlement?
They should definitely NOT have to complete an ESA50 as part of the exercise to pay backdating - they only thing they should complete is a special ESA3 looking at income/savings on migration date and subsequently if there was entitlement to ir ESA at that date.
Did any letter come with the form which would indicate where it had come from. I guess it is possible that it’s a standard review as Paul suggests…
Brilliant outcome well done to all involved.
The arrears will be life changing for clients.
On one of my cases which was stayed pending outcome of the R(SD)vSSWP, the judge has directed the SSWP to respond to my submission.
Hopefully she’ll lapse the appeal and pay out.
For those who have transferred to UC - hope the trawl process will include a process to identify them.
Yes shouldn’t be a problem for those on UC - people are identified for the trawl if they migrated from IB to ESA between 1/1/11 and 31/12/14 - nothing to do with what they receive now.
Sarah Newton not really addressing the issue, responding to a written question on compensation for lost entitlement to free school meals and NHS prescription charges -
‘People can also qualify for help in other ways, for example by applying for the NHS Low Income Scheme, which covers prescription, dental and eye care costs, wigs, fabric supports and assistance with healthcare-related travel costs. The Low Income Scheme assessment takes into account council tax and housing costs, so people could get help with health costs even if their income is too high to qualify for a means-tested benefit.
At no point have we actually stopped individuals from making a claim to income-related benefits. When we transitioned people from Incapacity Benefit to Employment and Support Allowance, we protected the amount of Incapacity Benefit they were being paid. We sent out letters and attempted to call people at the time to advise them that they could also be entitled to income-related benefit and to contact the Department if they believed they were eligible.’
According to a written answer in the House of Commons last week only 15,000 claimants have been sent the ESA3 so far. They’ve got a bit of a way to go if there’s 70,000 to contact and they’re a bit behind schedule since the started the beginning of April and are due to be complete by next April…
According to a written answer in the House of Commons last week only 15,000 claimants have been sent the ESA3 so far. They’ve got a bit of a way to go if there’s 70,000 to contact and they’re a bit behind schedule since the started the beginning of April and are due to be complete by next April…
Daphne, how can you say that they’re a bit behind schedule. As if? :-)
Hi
Two questions arising with an individual enquiry and likely to be an issue for our wider client group.
1) Do clients have to sit and wait and hope that DWP correctly identifies them as a claimant who may have missed out on ir ESA? Or can they try to request the ‘special’ ESA3 to initiate their own request for backdating? (I’m guessing the new helpline number mentioned by Mcvey is not being made public).
2) Will the DWP’s trawl of cases extend to claimants who were claiming IB or SDA between 2011-14 but have since either moved onto another benefit (eg PC) or are no longer entitled to a means-tested benefit? If not, again can client initiate the process?
Any other info about the process would be welcomed.
Well done to all involved in getting this great result for our clients.
HI Charlie
In answer to question 2 every claimant who migrated between 1/1/11 and 31/12/14 is supposed to be being contacted regardless of what benefits they are on now - or indeed if they have died as DWP should contact next of kin.
In partial answer to question 1 I have an email address which I can give you if you have cases that need to queue jump because the circumstances are particularly difficult - but it is only to be used sparingly and not for every case you come across that is waiting to be contacted. Do direct message me if you want the email address and I can send it you.
Daphne