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ESA – migration cases – inaccurate IRESA assessments?

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From the other side
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Exactly! After being forgotten about for years they are still not a priority!

     
stevenmcavoy
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From the other side - 13 September 2018 10:18 AM

If that was Bathgate that you escalated the missing SDP to then I can concur that they will advise that that type of case should not be escalated because the client is in receipt of some money! They state that their priority is those with no money at all! They seem to miss the point that this money has been missing for years!

it was Greenock I think but could be wrong (I deal with clients all over the place so lots of bdc’s).

you have to admire the audacity of it to be fair. especially given I was actually trying to save them work and the claim being bounced back again for another calculation.

I checked the original date on my case that’s currently at the UT and the appointee and I first spoke in October 2016.  this full debacle has probably cost about 50 times the arrears they would have been due.

     
Dan Manville
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Dan Manville - 05 September 2018 03:29 PM
Helen Rogers - 04 September 2018 12:08 PM

My appeal for backdating to date of migration has been lapsed.  Conversion decision revised for official error.  .

and mine

and paid this week

     
stevenmcavoy
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just had my first client paid out pre oct 2014.

     
Daphne
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Yay!

     
bristol_1
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Yay ... client paid from date of migration, £2.6k, back to 2012.

Boo ... voicemail from ESA section re: another client, whose backdating was done in Jan this year and limited to 2014, officer advises we can’t backdate beyond 2014, client will need to appeal this now. Obviously not read the JR and new guidance have they?!
One step forward, one step back ...

     
Daphne
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Might be worth checking Martin’s advice on appealing at post 376 first - https://www.rightsnet.org.uk/forums/viewthread/5928/P375/#61680 - perhaps go back and speak to supervisor first?? I’ll direct message you the escalation contact if that doesn’t work.

     
Joanna
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Could I please check something with you guys? Client assessed as not entitled to (IR)ESA from the date of migration, due to excess income derived from student loan and grant. That date was in 2013.

Client’s circumstances changed in 2016 when client stopped receiving some of the student grants. Then in 2017 client stops being a student all together, so no more funding.
Client has submitted funding and enrollment evidence covering 4 years, for purposes of the reassessment exercise but the calculation page contained in the decision letter she has received refers only to her entitlement on the date of migration. There is no reference to her subsequent change of circumstances.

Would the remaining period be looked at? Is DWP obliged under the terms of this reassessment exercise to look at the whole period when person was only receiving contribution based ESA, having never been assessed for income based one?  Or do they only look at the situation on the date of migration, and that’s it?
I must say I am confused about the decision which only refers to the date of migration.  What is your experience?

     
HB Anorak
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Did your client report the changes to student finance when they happened, or only now as part of the big reassessment exercise?  If the changes were not reported at the time, you will struggle to establish an official error: it appears that the client was not entitled to ESA(ir) until the student finance fell away and at that point they should have reported the change of circumstance to DWP.  There is no official error if DWP had no reason to think that the claimant’s income had reduced to amount below the applicable amount including the SDP.

If it was WRAG and not support group, the conts-based award will have ended at some point and if at that point there would have been entitlement to ESA(ir) there is a possible official error case, but even then it is arguable that the client contributed to it by failing to make their reduced income known.

PS just thinking how an official error case could work: it would be that DWP’s original failure to assess for ESA(ir) meant that s/he was not put on notice to report any change in income: had they known that they failed to qualify for ESA(ir) due to student income, they would have reported the changes.

      [ Edited: 1 Oct 2018 at 08:57 am by HB Anorak ]
Helen Rogers
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It’s my understanding that the special team looking at this only pay if it is found that the claimant was entitled to income-based ESA on the date of migration.  They don’t even tell claimants if they have become entitled to income-based ESA since. - thus perpetuating the underpayment of income-based ESA.

This is a tricky one as why would a clamant report changes in income which don’t affect cont-based ESA?

I would try sending in an ESA 3 (if not already done so) and asking for backdating on the grounds that income-based and cont-based ESA are one benefit which don’t need to be claimed separately.

     
Joanna
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Thanks guys.
Yes, client did report that she has stopped being a student in 2017. This did not elicit any action from DWP.
She did not report her student finance payments as she tells me she was advised by the jobcentre adviser her (C) ESA is not impacted by this type of income.
Would any time revision be appropriate in this circumstances?

     
Helen Rogers
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I would say so!

     
Joanna
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OK, thanks.
Why it is never straightforward.
I stupidly assumed that they would look at subsequent change of circumstances, having not advised clients properly to start with….
“If we don’t tell you, we win, you lose.
If you don’t tell us, we win, you lose”

I would be grateful to hear from other adviser who are experiencing similar thing.

     
Martin Williams
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If anyone has up to date phone number for the teams dealing with these cases and could PM it to me that is much appreciated.

Martin

     
unhindered by talent
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Helen Rogers - 01 October 2018 10:15 AM

It’s my understanding that the special team looking at this only pay if it is found that the claimant was entitled to income-based ESA on the date of migration.  They don’t even tell claimants if they have become entitled to income-based ESA since. - thus perpetuating the underpayment of income-based ESA.

This is a tricky one as why would a clamant report changes in income which don’t affect cont-based ESA?

I would try sending in an ESA 3 (if not already done so) and asking for backdating on the grounds that income-based and cont-based ESA are one benefit which don’t need to be claimed separately.

I thought I would do this with a client but we are in a UCFS area and I saw on entitledto page on UC triggers that being on CBESA and believing to be entitled to IRESA would mean a UCclaim. This makes the submission of an ESA3 quite risky then?

Last entry https://www.entitledto.co.uk/help/changes_that_trigger_Universal_Credit