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  • FIRST POST
    • crossstitchamy
    • By crossstitchamy 15th Mar 17, 7:51 PM
    • 100Posts
    • 51Thanks
    crossstitchamy
    Won at Esa tribunal, i have question about backdate payment
    • #1
    • 15th Mar 17, 7:51 PM
    Won at Esa tribunal, i have question about backdate payment 15th Mar 17 at 7:51 PM
    Hey guys i won my my appeal on friday for Esa. I got awarded 18 points and Regulation 35 and was put into the support group.
    When i was waiting for the Mandatory reconsideration i had to claim JSA , i had no other option until i was accepted for the tribunal.
    According to the CAB website im not entitled to the back pay whilst i was on JSA . Will i be entitled to the back pay difference from assessmnt rate to support rate whilst i was waiting for the tribunal and claiming assessment rate ESA?
    Im a bit confused.
    Thanks
    Amy
Page 1
    • Alice Holt
    • By Alice Holt 15th Mar 17, 9:13 PM
    • 1,577 Posts
    • 1,682 Thanks
    Alice Holt
    • #2
    • 15th Mar 17, 9:13 PM
    • #2
    • 15th Mar 17, 9:13 PM
    Well done on your tribunal success.

    The backdate should put back into same position had you been correctly awarded ESA SG on the decision date. The backdate be paid to increase both the JSA & ESA payments you have received while waiting for the tribunal from £73.10pw to £109.30pw, (so a backdate of c.£36pw).

    Effectively you will be paid a £109.30pw backdate less any payments actually received. Hope that makes sense.
    • crossstitchamy
    • By crossstitchamy 15th Mar 17, 10:11 PM
    • 100 Posts
    • 51 Thanks
    crossstitchamy
    • #3
    • 15th Mar 17, 10:11 PM
    • #3
    • 15th Mar 17, 10:11 PM
    Well done on your tribunal success.

    The backdate should put back into same position had you been correctly awarded ESA SG on the decision date. The backdate be paid to increase both the JSA & ESA payments you have received while waiting for the tribunal from £73.10pw to £109.30pw, (so a backdate of c.£36pw).

    Effectively you will be paid a £109.30pw backdate less any payments actually received. Hope that makes sense.
    Originally posted by Alice Holt
    Hi alice, thanks for the reply. I just didnt think i would get backpay for the esa sg rate for the time i was on JSA while waiting for MR as when you're on JSA you are really saying youre fit for work type of thing. But i hope youre right haha . thanks again.
    • crossstitchamy
    • By crossstitchamy 15th Mar 17, 10:23 PM
    • 100 Posts
    • 51 Thanks
    crossstitchamy
    • #4
    • 15th Mar 17, 10:23 PM
    • #4
    • 15th Mar 17, 10:23 PM
    Alice if you're right Im looking at £800 - over £1,000 back pay from august my MR went in
    • Alice Holt
    • By Alice Holt 15th Mar 17, 10:56 PM
    • 1,577 Posts
    • 1,682 Thanks
    Alice Holt
    • #5
    • 15th Mar 17, 10:56 PM
    • #5
    • 15th Mar 17, 10:56 PM
    As the tribunal have decided that the DWP decision was incorrect and you were entitled to ESA, you may have a pleasant surprise when the backdate eventually arrives.


    From https://www.gov.uk/employment-support-allowance/what-youll-get:

    "You’ll normally get the assessment rate for 13 weeks after your claim. This will be:
    up to £73.10 a week if you’re aged 25 or over

    After that, if you’re entitled to ESA, you’ll be placed in one of 2 groups and will receive:
    up to £109.30 a week if you’re in the support group
    If you’re in the support group and on income-related ESA, you’re also entitled to the enhanced disability premium at £15.75 a week..

    If the assessment takes longer than 13 weeks your benefit will be backdated to the 14th week of the claim."
    • crossstitchamy
    • By crossstitchamy 16th Mar 17, 3:08 PM
    • 100 Posts
    • 51 Thanks
    crossstitchamy
    • #6
    • 16th Mar 17, 3:08 PM
    • #6
    • 16th Mar 17, 3:08 PM
    ok I will have to look into the disability premium. do i get back pay on that as well i wonder?
    thanks for the info!
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