ESA back pay after success at Tribunal

sja75 · 2 November 2012 at 10:59AM

Hello

Just wondering what the rules are regards ESA back pay.

I have seen some comments that conflict. Some say its after 14 weeks some say its from the date of the WCA.

Can anyone please provide clarity... thanks

sja75 · 2 November 2012 at 12:49PM

And what is the process of doing so. Do I need to wait for the Tribunal to inform the DWP? If so How long usually does that take on average? Is it just a simple phone call to the DWP to claim back pay, or do I need to complete forms?

I initially claimed ESA back in July 2011, prior to that I was on JSA. My ESA had being Contribution Based for the first 365 days, does this have a bearing on back pay at all?

Any help would be great, thanks.

Muttleythefrog · 2 November 2012 at 2:12PM

If this is a new claim for ESA back in July 2011 then the monies will be backdated to beginning week 14 (as new claims have a 13 week assessment phase). Had this instead been a transferred claim (such as from IB) or an ESA reassessment then the backdating will be done to when your money was affected by the decision you disagreed with.

The tribunal will have sent the decision to the DWP. That happens very quickly. The DWP however will take some time to adminsitrate the decision. When they do they'll resolve the monies... alter your payments and backdate. You should not need to do anything... but this could take months... so I repeat my advice regarding sicknotes that I did in private. Whether contrib or IR doesn't really matter suffice for the issues of related payments... premiums for example that may be payable only for income related.

sja75 · 2 November 2012 at 2:34PM

Hi Muttley

Thanks Muttley. Good to note that I don't have to contact them.

What is the Support Group component, its about £34.00 right?

Also I have heard about something call Enhanced Disability Premium, what it this and could it apply to me?

Also have a look at my Decision Notice below, it is Support Group isn't it? It reads:

1. The appeal is allowed.

2. The decision made on xxxx is set aside.

3. Mr xxx is entitled to Employment and Support allowance (ESA) with the support component.

4. In applying the Work Capability Assessment 15 points were scored from the activities and descriptors in Schedule 2 of the ESA Regulations 2008 made up as follows: 16(a)

5. The following activity and descriptor from Schedule 3 of the ESA Regulations 2008 applied: 13

6. The Tribunal recommends that the Department reassess within 24 months. The Tribunal received cogent oral evidence in relation to mental factors.

Thanks

Muttleythefrog · 2 November 2012 at 5:52PM

If you're entitled to income related ESA and get ESA support group (true here) or DLA HRC then the DWP should automatically add it as long as you meet the other minor criteria. It's not a lot of money... as compared to say the severe disability premium which you can get if you meet the conditions and get DLA MRC or DLA HRC. The SDP hneeds to be applied for... IS10 form I think from memory... refer http://www.nhs.uk/CarersDirect/moneyandlegal/carersbenefits/Pages/Severe-disability-premiums.aspx

The decision... this replaces the decision made on date xxxx.

WRAG descriptor 16a was found to apply "Engagement in social contact is always precluded due to difficulty relating to others or signiﬁcant distress experienced by the individual." As it scores 15 points it qualifies you for the WRAG.

This discriptor also happens to be a Support group descriptor... the 13th. Some of the 15 point scoring WRAG descriptors also happen to be Support group descriptors. You are found to meet criteria for Support group therefore and that is where you should be placed.

The 24 months is a recommendation. The DWP I understand do not have to agree with that..so next reassessment could come at any time.

sja75 · 2 November 2012 at 6:20PM

Thanks Muttley

Oh I see... other minor criteria, which would be? Additionally is the EDP back dated too?

I don't think SDP would apply thought as I am socially isolated, therefore a carer (friend or family) does not apply, unless there is another way. Or perhaps I misunderstand this.

When you say should be placed in S.G are you saying the DWP could elect my placement into WRAG. More so can the DWP challenge the Tribunal in any way?

Latterly, the 24 months is a recommendation. So should I be prepared to receive another ESA50 in the near future?

And yes I am ESA (IR) is of July this year.

Muttleythefrog · 2 November 2012 at 7:15PM

I haven't the time right now to deal with the minor criteria regarding the premiums.. look them up perhaps...although be aware that regarding EDP some official sites fail to reference the IR ESA S.Gp qualification. It would be backdated yes. Check the criteria for SDP... you may qualify... and if you think you do.. ask DWP for IS10 form saying you think you qualify... I can't recall your DLA situationwhich will be key....MRC or HRC necessary. You don't need a carer to qualify.

And no... the DWP cannot elect to stick you in WRAG. You've been found to meet criteria for S.G. They have a choice to accept that or appeal on an error in law to get the tribunal struck out. That latter option is rarely exercised... and would only work if indeed a judge decided an error in law was made. So before you get carried away... assume it will not happen.

You could indeed receive an ESA50 i nnear future. Many claimants report after their lengthy but successful wait for appeal to soon after be reassessed. No guarantees.

sja75 · 2 November 2012 at 7:25PM

Thank you Muttley

You have being so helpful throughout this process, have a pleasant evening.

epitome · 2 November 2012 at 7:58PM

Your tribunal should inform the DWP but DWP take up to a week to process incoming post (so that it appears as received in notes), so whilst you may have your letter the DWP may not have processed theirs...and that assumes they do get one from tribunal. Many times the DWP for whatever reason do not get the tribunal letter for 2 weeks or more - if ever. In these situations, you can send the DWP your letter or have it emailed from a Jobcentre to the BC. Once the BC have the letter as received they have to process it to a DM to authorise the change of award and calculate the arrears. This is usually done within a further week.

As Muttley says:
If a new claim the arrears are backdated to the 92nd day of the claim.
If an IB migration or a previous WRAG/SG award the arrears are to the start of the appeal period.

Conts or IR makes no difference, there will be arrears for both.

Whilst technically you no longer have to supply sick notes. Until someone has updated the computer with your new entitlement, the computer will still require sick notes to issue your forthcoming payments....and they will only update the computer once they have seen the evidence.
no sick note or no update to set sick note requirement to nil = no money

I recommend you phone ESA to ask if they are aware of the appeal win yet. If not (depending on how desperate you are for the increased award) you can ask them for a jobcentre appointment to email your letter to them.

If they are aware, give them a week from the date they became aware and then ask for call back to chase on when your award will be updated.

The arrears are different kettle of fish, sometimes these are done at the same time as the increased award, and sometimes they will be dealt with seperately and have a slightly longer turn-around to issue the arrears. Also the arrears could be witheld pending a check on any previous overpayments. Overpayments will be checked by Debt Management ...which is a DWP dept you can look for on google, if you get a letter saying your arrears are witheld for an overpayment check ......you can contact debt management yourself to confirm if there are any overpayments.

This is the site I use to check for eligibility for disability premiums
http://www.nhs.uk/CarersDirect/moneyandlegal/otherbenefits/Pages/ESA-how-much.aspx
and for the premiums you click on "premiums" at the bottom

sja75 · 2 November 2012 at 8:17PM

Thank you Epitome, that is really good advice, thanks for taking the time to do so. Have a pleasant evening

sja75 · 2 November 2012 at 8:50PM

Oh I see...

So I should be eligible for at least the EDP as I am in the Support Group as a minimum with potential for SDP as I live alone.

As Muttely advised EDP is also back dated. But what would be the qualifying criteria for this aspect? I was ESA assessment rate Cont. based for a year, then transferred to IR ESA. If those back payments apply in this instance, do those payments go from week 14 or the transition date to IR ESA?

In addition is SDP applied in the same manner as EDP regards back pay. Or is it treated as 'fresh claim' after successfully completing IS10?

Many thanks

ESA back pay after success at Tribunal

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