ESA Back Pay

allen35

I feel they have made a mistake there, sure someone with knowledge of how the DWP/JCP work will give more details.

If correct i'd be asking for interest, compensation and expect an apology, the hardship you've been through.....

linzande

hi roger black,

No, we didn't go to a higher tribunal or anything like that it was just the standard appeal and then to a tribunal hearing,there were no delays the first we knew was the letter we had in february 2011 with the hearing date.They awarded him full points on walking and 9 points for 2 other criteria each,amazing we go from 0 to 33.As for the assesment rate we had nothing and they wouldn't pay it,we've had so many excuses i could write a book on them.Whether it's the fact the people at DWP don't actually know what people are entitled to or what there actually talking about i don't know,but having looked at other forums and trawled the internet it would seem this is not uncommon.And as you have said,then we come to"IF"we actually do get back pay are they going to tax or find some loop hole.You can see why we're not getting our hopes up!thanks for your positive feedaback and congrats but we're not quite there yet! linz and e

linzande

hi allen,

My partner claimed as single claimant he did have his own home which was on the verge of being ceased due to mounting debts due to his inability to work (self employed),Family member stepped in and the property was transfered over to them,he has only moved in 3 weeks ago with me in my property and his debt has been cleared with the mortgage provider and several other debtors through the family member paying the outstanding amounts.Anyway yes this is something else i have to consider now he is here can anyone advise me on what if anything i can claim in terms of council tax benefit or anything else.He already recieves DLA but i earn more than 100 quid a week so cannot claim Carers allowance even though i do it anyway.It's all very complicated thanks though again!

cassieB57

allen35 wrote: »

If the tribunal has found in your favour there is no reason why they wouldn't pay all the backdated benefit.

A bit curious about not paying reduced benefit though.

Was it Contribution or Income based ESA....

It's just with you mentioning savings, if this was over £6000 it could affect benefit (Income Based)

No it cant. Arrears of benefits can be disregarded for up to 52 weeks.

allen35

Phew!!

That's what i wanted to hear, i couldn't of stomached him going through all that pain to be fruitless.

What rate of DLA, if he is on middle rate care or above he should be entitled to SDP (premium) of £53.90 on top of his backpay whilst getting dla for living alone.

You should now think about what you're going to do as he/you should declare a change of circumstances due to he now lives with you.

Are you old enough for working tax credits, you may get help with rent/council tax as partner classed as disabled.

He wouldn't lose his DLA, it's non means tested.

allen35

cassieB57 wrote: »

No it cant. Arrears of benefits can be disregarded for up to 52 weeks.

Eh?

Following a changed decision, benefit is backdated to the date on which the new decision takes effect. A revised decision will usually take effect from the same date as the original.

melbi_uk

allen35 wrote: »

How much is employment and support allowance (ESA)

The amount of ESA that a claimant will receive depends on:-

• whether s/he is in the first 13 weeks of the claim (the assessment phase). After the first 13 weeks, s/he will be entitled to an extra component, either the [URL="file:///C:/Program%20Files/AdviserNet%20CD/AdviserNet%20EW%20files/09070000_EWSNI_EMPLOYMENT_AND_S.HTM#work-related_activity_group"]work-related activity component[/URL] or the [URL="file:///C:/Program%20Files/AdviserNet%20CD/AdviserNet%20EW%20files/09070000_EWSNI_EMPLOYMENT_AND_S.HTM#support_group"]support component[/URL]. However, if a client's incapacity benefit, severe disablement allowance (SDA) or income support is converted into ESA between 1 October 2010 and March 2014, her/his ESA will include either the work-related activity component or the support component from the beginning of her/his ESA entitlement.

Therefore M you need to question it, apart from a sanction the above apply's

Who do I contact to enquire?

allen35

Click on the link and put postcode in, it'll tell you your local office

http://los.direct.gov.uk/default.aspx?type=2&lang=en

Good luck.

cassieB57

allen35 wrote: »

Eh?

Following a changed decision, benefit is backdated to the date on which the new decision takes effect. A revised decision will usually take effect from the same date as the original.

I was replying to the bit of your post where you said "It's just with you mentioning savings, if this was over £6000 it could affect benefit (Income Based)" by which I thought you meant that the arrears of benefit, if over £6000 would affect income based; I was saying that the arrears would no be counted as capital for 52 weeks. Sorry if I misunderstood your post!

love78

we won our tribunal on the 23 /06 /2012,,,,the esa recived the letter on the 4/07/2012.....we have been on appeal rate since the 24/02/2012.....we where originallly on incapcaity benefit but was told we had to go onto esa ..we failed the first medical and was sent to tribunal to which we won...we have been put on support group....can anyone tell me if i will be back dated and also how long this ruffly takes thank u x