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ESA – migration cases – inaccurate IRESA assessments?

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Owen Stevens
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Interesting! Thanks Greg.  Would be interested to hear more about this special exercise if anyone else has any details.

We’ve recently been carrying out an exercise to identify these cases recently and haven’t been having problems getting backdating to 2012 so was concerned to read of that above.  We’ve identified about 20 cases so far and lots more to come but would be fantastic if DWP sort this out themselves at their end.

     
Daphne
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NAWRA wrote to Damian Green about this back in March - http://www.nawra.org.uk/index.php/ib-and-esa-conversion-letter-to-damien-green-mp/ - and then again to David Gauke in July - http://www.nawra.org.uk/index.php/letter-to-secretary-of-state-for-work-and-pensions-about-income-related-esa/ - asking them to do a trawl of cases to pick them up.

You will see that the reply we got said they are carrying out investigations - I’m guessing this special exercise might be something to do with that?

     
Owen Stevens
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Yes, must be!  Fantastic to get confirmation that they’re looking into it, I’m always so flabbergasted when they pay attention to what welfs have to say!

     
Daphne
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I’m sure DWP wouldn’t have done it off their own initiative so it’s welcome if they are doing it as a result of pressure from NAWRA and others.

They’ve said they’ll update NAWRA when ‘investigations’ are complete so I’ll update here when we hear as well of course as on the NAWRA website

     
FerhanaBhogadia
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From the other side - 30 October 2017 12:56 PM
Dan Manville - 30 October 2017 12:00 PM

Following one of these up just now (migration was 2012…) and the adviser told me there’s been an amendment to restrict backdating to October 2014.

Now I don’t keep a very close eye on minor amendments like that but I thought I’d have heard something...

Well I believe that this amendment re backdating could be linked to UT case that I have due to be heard on 6/12/17. I am looking for backdate earlier in 2014, DWP Legal Department offered to pay from October 2014 as they believe that due to decision LH v SSWP UKUT 480(AAC) this identified the error in law re IB/ESA migration and therefore can apply section 27 of SS Act 1998. Client did not accept the offer.

Hi
I’ve just today posted a comment squarely in relation to this issue at the thread:
https://www.rightsnet.org.uk/forums/viewthread/11706/

Maybe admin may wish to move it here instead?

Anyway please do let me know when you get an outcome of your UT hearing as it will squarely impact on my client. Good luck!
Though I really cannot see what the basis of the DWP argument is.

     
flair
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Thanks Daphne - I look forward to the outcomes when you hear them.

I would be very surprised and disappointed if the the anti-test case rule applies in these cases.

The decision notices issued on conversion indicate an Income Related assessment had been done, and quote the wrong amount for someone in the Support Group.

Due to this ‘Official Error’ they then state your Income Related amount would have been X amount, however because you are entitled to Conts based ESA you will get this instead.
Why would anyone then contact them to see about claiming IRESA when they have been told wrongly it is the same amount?

Also if they are trying to say you never claimed IR ESA in the first place, then why does the decision notices state you would have been entitled to it if not on Conts?

     
flair
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After going through Escalation route this morning following no call back. I was advised my case is being dealt with by Oldham despite them denying this last week. I was also told there is no timescale for dealing with these cases - it is now 3 months. I realise her arrears going back to 2013 may take a bit more time, however they won’t even correct her current award which is more than £70 per week short as now also entitled to SDP from July this year. They couldn’t give me any more info and suggested going through Contact Centre again!
I suspect I’ll need to raise a formal complaint and then raise with local MP to see if we can get any further.

     
Andyp5 Citizens Advice Bridport & District
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Daphne - 03 November 2017 12:18 PM

NAWRA wrote to Damian Green about this back in March - http://www.nawra.org.uk/index.php/ib-and-esa-conversion-letter-to-damien-green-mp/ - and then again to David Gauke in July - http://www.nawra.org.uk/index.php/letter-to-secretary-of-state-for-work-and-pensions-about-income-related-esa/ - asking them to do a trawl of cases to pick them up.

You will see that the reply we got said they are carrying out investigations - I’m guessing this special exercise might be something to do with that?

One of our client’s has been contacted by phone and post from DWP office in Oldham, sent a ESA3 (IBR) 08/17 form issued Sept 2017 advising ‘You were getting Incapacity Benefit which was replaced with contribution-based ESA’  with a box for the date of migration completed on client’s behalf with a date in Oct 2012.

So may be Damian Green’s special exercise / investigation etc etc

Have scanned front cover and attached it.

     

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stevenmcavoy
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my client has been paid out to point of migration.

     
From the other side
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http://www.bbc.co.uk/news/uk-42012116

Alledgedly DWP only became aware of issue in December 2016…...............................how long has this thread been running!!