Denial of back payments DWP:

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Denial of back payments DWP:

Postby SmokeyBandit » Wed Jan 11, 2017 11:40 am

Good morning everyone,

It has now been ten weeks since winning at appeal, gaining Support Group criteria, and still waiting for the remainder of my back pay. DWP have this morning stated that there are no further actions to be taken in reference to any further payments that are owed to me. October 2015. January 2017.

For the third time I have been told that they will call me on a number allocated for them to use for contacting me. 3 times they have failed to make contact. Again being told they would call me. Been told the call back would be within 24 hours. Forth time lucky eh!

I have only had a very small amount of monies owing, thinking the rest would follow soon. I have had nothing more has been paid back to me. Speaking to a Rep for the DWP I have been told that there is no more owing. I find this hard to take in as I am entitled to some recompense that would have been paid to me in the instance of being found NFTW.

Am I right in thinking that DWP owe me since being found FTW and then going into WRAG to SG for two years? More stress & here I was thinking it was all sorted. More headache to contend with. This really is an abysmal act, but then again. It is the DWP were having to deal with here.

Any thoughts on this one.
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Re: Denial of back payments DWP:

Postby jeff3 » Wed Jan 11, 2017 5:49 pm

you now nothing is easy when dealing with dwp but like you monies owed they waited and waitred no no no we owe nowt then i pestered my then mp about giving them a kick well someone should remember this farcical has whe n they did pay up mnths mnths later dwp paid jcp paid oh dear oh dear yet they didnt get this right but atleast i had some of it back
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Re: Denial of back payments DWP:

Postby stephenholmes » Sun Jan 15, 2017 8:37 am

Good morning SB
I am sorry to read of your ongoing worries
I may be wrong about this but I seem to recall that a limit was put on the amount of back pay owed by the DWP?
Go to your MP and even the citizens advice/law centre
Kind regards Stephen
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Re: Denial of back payments DWP:

Postby SmokeyBandit » Sun Jan 15, 2017 10:56 am

Good morning Stephen,

It isn't the worry that gets to me, more the stress to get things right is the worse.

Anyway. I had a call from DWP Friday and they are saying the calculations are right and there is no more backpay due to me.

It's all so confusing in trying to understand the rules of such. All in all it stems down to Contribution based & Income related ESA.

When my 365 days were up I claimed IR ESA. & this is where it gets confusing. My claim for this benefit started on 2nd of November 16. Same day as my appeal and my award to Support Group. As I were already in the WRAG since Jan 16. All the backpay from the time of being found FTW to gaining the latter there is no more payment due to me. Now. If I had made a claim for IR previously then I would have been eligible to some recompense. I had a small amount of backpay from a period of a few weeks and that was it. This is the tricky part. I was never informed that I could claim for both benefits by either the DWP or the JC. I lived on a flat rate of £116.50 each week. Including increases of payments each year, from the year dot. Had I made a claim for IR ESA together. Then things would be a different story. 'I mentioned this to the caller' but was just pushed on to the actual reason for my inquiry. So. Because I had only CB in place, then that's it. Very complicated and confusing for most. Even the caller was not understanding of the rules for such. Now I am waiting for yet another call back to see where things are in my claim. Until then. I'm just hanging on.

:-(( Quite Depressing.
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Re: Denial of back payments DWP:

Postby stephenholmes » Sun Jan 15, 2017 12:14 pm

Hello again SB
I hope you get this sorted soon
It is very confusing to say the least
You may need to seek legal advice from someone who knows about this matter
Kind regards Stephen
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Re: Denial of back payments DWP:

Postby SmokeyBandit » Sun Jan 15, 2017 12:42 pm

stephenholmes wrote: You may need to seek legal advice from someone who knows about this matter


I've been pondering of contacting my local CAB for advice Stephen. I'm not to bothered just yet, my head has been all over the place the last few weeks and I'd rather let things lay for now. Until at least DWP get back to me. Or 7 days time. See how it all washes out. ;-)
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Re: Denial of back payments DWP:

Postby Tobias » Tue Jan 17, 2017 3:09 am

Hi SB, if you were getting paid right up until your appeal, then surely the only backpay due would be the difference between WRAG and SG for the period.
If I recall correctly you're already getting the transitional amount added as an ex IB claimant so if that is higher than the standard SG payment then that would need to be included in the backpay also. Any unclaimed benefit is lost I'm afraid.
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Re: Denial of back payments DWP:

Postby SmokeyBandit » Tue Jan 17, 2017 11:16 am

Good morning T,

Since this episode began and losing at WCA. I claimed JSA for a while [October 15.] until the appeal notification arrived. I then went on to the ESA rate. Somewhere in November 15.

Come January 16 I was placed in WRAG by DWP after submitting further evidence to the courts. All back pay since had been paid up.

Continued to appeal Jan 16.

365 days later or there about. I was informed benefit would end November 16. Requested an ESA 3 form to apply for IR ESA. What my thoughts were at the time was I would be entitled to back pay that included IR rate from day one of the decision. WRONG. I put a claim in to start from the same day as the end of the 365 days.

I won my appeal on the same day.

So in fact. True. There is no back pay owing. Anything that was owing has been paid. Around £40 odd. Now if I had claimed IR ESA as far back as my original claim then yes. There would be an amount owing to me. Hoping DWP would be sympathetic and allow my claim to be put back. Ha ha ha. DWP conceding to a customer. Don't be daft. They don't do things like that. Unless you know better T. ;-)

I am now on the rate of £125.05 a week. £8.55 better off. They do however owe me an amount from my first payment of IR ESA. But that's another story.

Anyone else in this predicament then make a claim for IR ESA along with your CB claim. It could make all the difference to you. There are rules put in place for you to claim both benefits though.





Tobias wrote:Hi SB, if you were getting paid right up until you're appeal, then surely the only backpay due would be the difference between WRAG and SG for the period.
If I recall correctly you're already getting the transitional amount added as an ex IB claimant so if that is higher than the standard SG payment then that would need to be included in the backpay also. Any unclaimed benefit is lost I'm afraid.
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Re: Denial of back payments DWP:

Postby slipmaster » Sat Jan 21, 2017 11:13 pm

although you put the start date for IRESA from end of 365 days, your claim should have been checked for both IR and CB entitlement by DWP when you changed from IB to ESA, there are loads of claimants who got no money after 365 days who have had it backpaid because dwp failed to do this check.

CBESA and IRESA are not separate benefits, ESA is a single benefit with different strands and claimants can get CB only, or IR only, or CB with an IR top up.
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Re: Denial of back payments DWP:

Postby SmokeyBandit » Sun Jan 22, 2017 12:54 am

slipmaster wrote:although you put the start date for IRESA from end of 365 days, your claim should have been checked for both IR and CB entitlement by DWP when you changed from IB to ESA, there are loads of claimants who got no money after 365 days who have had it backpaid because dwp failed to do this check.

CBESA and IRESA are not separate benefits, ESA is a single benefit with different strands and claimants can get CB only, or IR only, or CB with an IR top up.


Hi Slip,

This is what my understanding has been telling me about DWP not doing the checks. I read somewhere a post from Flymo. I think it was from. About this subject which took me to thinking. I should still be entitled to something. About £400 + If my calculations are correct.

I know its not much, but it could pay for a new cooker and washing machine that I could do with. Id rather they get it right than have to claim a loan from these Nazi gits.

I will try and get a letter written out in the form of a complaint, but first I realy do have to pull my finger out and give CAB a call.

Cheers Slip.
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Re: Denial of back payments DWP:

Postby slipmaster » Mon Jan 23, 2017 12:41 pm

SB, this from 2 years ago on B&W forums, read all 5 pages may help you.

https://www.benefitsandwork.co.uk/forum ... mitstart=0
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Re: Denial of back payments DWP:

Postby SmokeyBandit » Mon Jan 23, 2017 6:41 pm

Cheers Slip,

It feels like DWP are bouncing me between pillar & post in getting this sorted. It's a headache TBH. I had been told as this is a new case/claim 'Which it is not a new claim, it is ongoing. A transfer from IB to ESA'. And told that had my appeal been a week earlier/or any time before 365 days then I would be still on the CB entitlement of £116.50 a week. With no top up. wtf!!! It's oh so complicated to understand and my head is rolling. & I'm still waiting for that call back from the claims team to get to the bottom of this. 12 days ago now.

I'm off to the local drop in centre in the morn to see an adviser from CAB. DWP say they will call back but never seem to get around to it, Not even a letter/E-Mail from them. They are dragging their feet to much now and it is time they pulled their socks up.

Anyway. As I say. Onwards and upwards folks. :tnx: again Slip.
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Re: Denial of back payments DWP:

Postby slipmaster » Mon Jan 23, 2017 10:35 pm

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Re: Denial of back payments DWP:

Postby SmokeyBandit » Mon Jan 23, 2017 10:51 pm

^^ Yeah Slip I read that link from your one. What a bunch of baboons we have working at the DWP eh!

I'm just going to get CAB to get involved with this one :oyes:

I really can't afford to phone them any more. Last three calls cost a bob or three. And money is tight just now.

:-)
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Re: Denial of back payments DWP:

Postby Tobias » Tue Jan 24, 2017 1:21 pm

The way ESA regulations are and the way DWP keep getting rid of the good staff, I can't see them getting it right for years to come.
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Re: Denial of back payments DWP:

Postby SmokeyBandit » Tue Jan 24, 2017 1:38 pm

Hi T,

I got to reading this last night, early hours of the morning. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/536674/dmgch45.pdf

From the link Slip posted in his last. I searched for DMG 45581 and it was quite intense for me to take in, in just one read. Mind boggling is not what one needs at that time of day/morning ;-)

Anyway. I visited the CAB drop in centre for a brief consultation this morn, and am now awaiting for a formal meeting to get to the bottom of this rigmarole. It surely is a nightmare and a headache to be dealing with I can tell you.

The DWP are falling apart from the seams and I do have some sympathy for these people that deal with the never ending dealings with us customers.

:wasntme:
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Re: Denial of back payments DWP:

Postby SmokeyBandit » Tue Jan 24, 2017 1:42 pm

The link above is not working. I don't know why. Maybe T can sort it. :-)
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Re: Denial of back payments DWP:

Postby Tobias » Tue Jan 24, 2017 1:54 pm

SmokeyBandit wrote:The link above is not working. I don't know why. Maybe T can sort it. :-)

The pair of "speech marks" was the fault
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Re: Denial of back payments DWP:

Postby SmokeyBandit » Tue Jan 24, 2017 2:29 pm

Ah got you. Feeling the late night I had lol Brain not working. Well that's my excuse. :meds:
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Re: Denial of back payments DWP:

Postby highlyflammable » Thu Jan 26, 2017 2:29 am

Keep at it SB.

I've lost count of the times that claimants have had to signpost the DWP to their own regs to show them they're wrong. It's maddening.

If I had a drink for every time I'd be wasted 24/7 and that sounds pretty good at the minute !
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