IB-ESA error backpayments 'on hold'.

[nukecad]

We've touched on this before with a members' son who has been backpaid to 2014, but is not getting paid the rest yet even though the DWP say that they have calculated what it should be.

This was posted on rightsnet (the benefit advisers forum) by a welfare adviser today:

I have spoken today to a very nice guy at Oldham. He explained that assessment of all the claims that go further than October 2014 has been suspended and that they have done nothing on these claims for past 4 weeks. Why? Because they are waiting for a letter from a government which formally confirms that they can…
No calculations, no draft decisions, nothing is doing with those claims until they have this letter.
They have very upset customers calling everyday but I was told the decision-makers cannot start work on those pre-October cases until some department (apparently OED, not sure what it means) confirms in writing they can go ahead.

So according to that it's not just payments of the 'extra' backpay before 2014 that are being help up by this.

All IB-ESA error backpayments that go back to before 2014 are currently 'on hold' until they get that legal letter.

PS.the "OED" refered to in that quote is the DWP 'Operational Excellence Directorate', - hardly 'excellence' to hold up the backpayments is it?

EDIT - It looks as if this has now been resolved and the hold-up cleared.
https://www.youreable.com/forums/sho...l=1#post146787

[sunny]

If a person is owed backpayments before 2014 will they still process from that date (2014), and later pay the rest previously owed?

[nukecad]

If a person is owed backpayments before 2014 will they still process from that date (2014), and later pay the rest previously owed?

No; that's what is holding things up now.

They don't yet have the legal authority to pay back before October 2014, so they have stopped paying anything for now.

Once this is sorted then they will be backpaying from the date you transfered - all in one payment.

Those who have already been backpaid to October 2014 (while the Judicial review was going on) will also then get an additional backpayment for before Oct 2014.

[walker]

do you think then that is the reason I have not heard anything even for my CURRENT application for the IR top up
- since on the form I requested it be looked at back to aug 2014 (**** I wish I had said October 2014 and left out the other 2 months)

the application was relating to a 'note' dwp put on my file saying it was payable from july this year

[sunny]

The person on the phone interview told me roughly within 12 weeks. So now because my backpayments go back to 2013 I won't receive anything even if they paid from 2014 for the time being?

The person in the comment phoned Oldham, but isn't Torquay different more ahead with the news.

[nukecad]

do you think then that is the reason I have not heard anything even for my CURRENT application for the IR top up

Yes.

According to what that adviser on rightsnet was told today they are not processing any backpayments for before October 2014 at the moment until they get that legal go ahead.

The person in the comment phoned Oldham, but isn't Torquay different more ahead with the news.

I don't have anything definite on that but from what I can gather Oldham is where the 'main' processing team is and Torquay is a 'claimant contact' (bullshitting?) team.

If you'd like a laugh then have a read of this post about an advisor trying to contact Torquay in July about an IB-ESA transfer case:
https://www.rightsnet.org.uk/forums/...28/P345/#61102

If you fancy a long read then that is the rightsnet thread about the IB-ESA issue - If reading it then be careful and look at the date posts were made, a lot of things have changed since the thread started in 2014 so some comments are way out of date.
It can also get a bit technical, quoting case law and the like again some of which may now be out of date.

[sunny]

Do they still adjust the present benefit to the correct weekly allowance for esa CB IR, and it is just backpayments on hold for this as well as ED and SD?

Surely they have to give the correct weekly benefit forwards from now.

[nukecad]

According to that then it's all on hold.

Government/DWP thinking - "They've not missed it for years, so they can wait a few more months."

[sunny]

Has this latest hold up hit the headlines?

[walker]

ugh
its like a minefield

currently trying to work out future finances and there is so much uncertainty and unknown and waiting
it starts making me want to 'jump'!!