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ESA Supersession payments
- mothernurture
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10 years 3 months ago #128340 by mothernurture
ESA Supersession payments was created by mothernurture
Hi, last year I requested a supersession on my claim for ESA. I was in the CB WRAG until 2012, when I was no longer paid any benefits due to the one year rule. Since then my claim has continued and the DWP have been paying my National Insurance contributions only.
As my health has not improved over the 6 years of my claim, and in fact in the past year has substantially worsened I requested a supersession and asked to be placed in the SG. I then filled in a new ESA50 and provided plenty of supporting evidence.
Today I spoke to someone at DPW and ATOS to find out how things were going. The good news is that my claim has been looked at by ATOS and they do not need to see me for an assessment, but have decided to support my view that I be placed in the SG. Now the file has gone back to the DWP for their decision makers to look at.
The bad news, that came as a shock to me, was that the woman at the DWP told me that even if I am placed in the SG I won’t necessarily begin receiving payments again – that it is up to the decision makers if get any money at all. She then talked about backdated payments, which I am not looking for, but I was surprised as I am sure I read on their own website that if successful in the supersession benefits would be re-instated, but that back payments where at the discretion of the decision makers.
She explained that it was because my payments had stopped in 2012 – if I had applied for a supersession then and been placed in the SG my payments would have continued, but as it stands now they may not pay me anything, even if placed in the SG.
Is this correct?
As my health has not improved over the 6 years of my claim, and in fact in the past year has substantially worsened I requested a supersession and asked to be placed in the SG. I then filled in a new ESA50 and provided plenty of supporting evidence.
Today I spoke to someone at DPW and ATOS to find out how things were going. The good news is that my claim has been looked at by ATOS and they do not need to see me for an assessment, but have decided to support my view that I be placed in the SG. Now the file has gone back to the DWP for their decision makers to look at.
The bad news, that came as a shock to me, was that the woman at the DWP told me that even if I am placed in the SG I won’t necessarily begin receiving payments again – that it is up to the decision makers if get any money at all. She then talked about backdated payments, which I am not looking for, but I was surprised as I am sure I read on their own website that if successful in the supersession benefits would be re-instated, but that back payments where at the discretion of the decision makers.
She explained that it was because my payments had stopped in 2012 – if I had applied for a supersession then and been placed in the SG my payments would have continued, but as it stands now they may not pay me anything, even if placed in the SG.
Is this correct?
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- Gordon
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10 years 3 months ago #128345 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Supersession payments
JUsty
I am afraid that most of what you were told was rubbish!
If you are placed in the Support Group then the DWP have to pay you, this is not at the discretion of the Decision Maker.
Whilst the DM does have some discretion as to when any SG award applies from, the law requires them to apply it from the date that the DWP were first notified of the Change of Circumstances, unless there are reasons not to.
The fact that there was a gap between your payments stopping and your notifying the DWP of a Change of Circumstances is not relevant to any Decision on your claim or back payments.
Gordon
I am afraid that most of what you were told was rubbish!
If you are placed in the Support Group then the DWP have to pay you, this is not at the discretion of the Decision Maker.
Whilst the DM does have some discretion as to when any SG award applies from, the law requires them to apply it from the date that the DWP were first notified of the Change of Circumstances, unless there are reasons not to.
The fact that there was a gap between your payments stopping and your notifying the DWP of a Change of Circumstances is not relevant to any Decision on your claim or back payments.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- mothernurture
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10 years 3 months ago #128347 by mothernurture
Replied by mothernurture on topic ESA Supersession payments
Thanks for the reply...I did think it sounded fishy. I have to wait now until Feb 12th for a decision. Fingers crossed.
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- slugsta
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10 years 3 months ago #128351 by slugsta
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Replied by slugsta on topic ESA Supersession payments
Yet another example of misinformation from a DWP call handler. I do wish they would simply say that they don't know, rather than making up stuff that misleads the claimant

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10 years 3 months ago #128373 by mothernurture
Replied by mothernurture on topic ESA Supersession payments
Yes - I agree, and I asked her three times to confirm it.
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