CARF Work Results in Thousands Receiving Up to £10k

Date published: 12th September 2018

CARF has recently made a significant Social Policy impact on underpayments of Employment and Support Allowance (ESA) upon transfer from Incapacity Benefit (IB).  Since 2011, claimants have been transferring from IB to ESA, with those moving from contributions based ESA not being assessed for their entitlement to income-related ESA.  This resulted in many claimants enduring financial hardship.  CARF represented a client at Upper Tribunal who had been incorrectly transferred to contributions-based ESA only.  It was acknowledged that the transfer had been incorrectly handled, but under Section 27 of the Social Security Act (1998) arrears could be restricted to October 2014.  CARF challenged the case, working with the Fife Law Centre and Child Poverty Action Group (CPAG), resulting in the government conceding that all eligible claimants should be back-paid to the date of their actual transfer over to ESA.  As a result, many thousands of people with disabilities will receive the extra money they were entitled to, which may be in excess of £10,000.

Stuart MacAulay, Welfare Benefits Adviser for CARF said "CARF has seen many clients who were incorrectly transferred to ESA over the years.  Working collaboratively with organisations has resulted in achieving a common goal."

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