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Thread: please help advice needed

  1. #1
    New Member
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    please help advice needed

    can some one give me some advice please i was on is with a premium of 41.00 per week for being sick i was told i was being migrated over to esa and asked to attend atos where i scored 0 points ,i appealed and it went to the tribunal which i won ,whilst on appeal i was told i would get 101.00 esa assessment rate per week i got this amount the whole 11 months whilst on appeal ,this is where i get confused everyone is saying they got 71.00 whilst on appeal and the arrears due back are 28.00 per week but i was still getting the 101.00 i was getting on is and it works out i was missing my 41.00per week my premium whilst on appeal will i get this amount back in arrears ?thankyou for any advice given

  2. #2
    Senior Member
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    Mar 2013
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    If you get 0 points and you get no other benefits, you normally get £71 per week as a single person. The DWP won't pay the additional component you should have got until the tribunal says you should, this is the £28 per week. If you are getting HRC DLA, you may have been getting the enhanced disability premium or possibly the carer premium, if you're caring for someone.

    Essentially, the DWP should work out how much you should have got if they'd got the decision right the first time and compare that with how much you actually got. If you got less than you should, they should pay the difference.

  3. #3
    I'm still so confused.I am on higher rate DLA and use this for a car which my daughter uses as I don't drive.Will I be losing the car as I have recently had my medical and received 0 points,I have my GL24 form ready as I will be appealing the decision as soon as I have my doctors reports to send in with the appeal form.As I say it's wether I will lose my car that's the question.All help greatly accepted.Thanking all in anticipation X

  4. #4
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    Quote Originally Posted by franny1954 View Post
    I'm still so confused.I am on higher rate DLA and use this for a car which my daughter uses as I don't drive.Will I be losing the car as I have recently had my medical and received 0 points,I have my GL24 form ready as I will be appealing the decision as soon as I have my doctors reports to send in with the appeal form.As I say it's wether I will lose my car that's the question.All help greatly accepted.Thanking all in anticipation X
    You didn't ask about DLA you asked about ESA.
    Now you are saying that you scored 0 points at an assessment for DLA and lost your DLA and going to appeal. I'm not clear on what you are saying but if I'm reading it right then yes you will lose your car.
    Paul is the expert here on this, hopefully he can tell you.

  5. #5
    Sorry I'm confusing you all now,I think the medical was for ESA & incapacity benefit,this is what I scored 0 points for & will be taking it to appeal.Is my higher rate DLA completely different to this & will I still keep the car.
    Apologies again XX

  6. #6
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    Quote Originally Posted by franny1954 View Post
    Sorry I'm confusing you all now,I think the medical was for ESA & incapacity benefit,this is what I scored 0 points for & will be taking it to appeal.Is my higher rate DLA completely different to this & will I still keep the car.
    Apologies again XX
    Two completely different things, don't worry benefits tend to twist all of our melons.
    If you have had no letters from DWP about your DLA then you will continue to keep your car.
    HOWEVER, I have to tell you that a negative ESA decision may be picked up by DLA who may? want to look at your DLA claim again.
    They will contact you if that is the case.
    Hope that's clearer.

  7. #7
    Senior Member mikeydt1's Avatar
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    just been looking at my payments, been on I.B for a while going to be transfered to the dreaded ESA but according to what the council says i should be getting on I.B and what I.B are paying seems to wrong.

    it looks like dwp are or have been underpaying, not a lot but if it has been wrong for a good while then i am going to drop a letter to see what i should of been getting and why the council seems to have me on more than what the dwp are saying.

    battles go on and hope that you get your ESA sorted

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