ESA appeal and backdated payments

UK_girl89

Hi
I would much appreciate if anyone could give me some advise on this matter.

I was originally out of work for health reasons which were mental not physical, I was told that I was unable to claim sick benefit which was then income support and so went onto JSA although I should of been on ESA. I appealed this decision in 2010 to which my DECISION NOTICE said:
The appeal is allowed.
The decision of the Secretary of the State issued on 9th March 2010 is set aside.

Miss ... is entitled to employment and support allowance (ESA) with work related activity component.

The descriptors satisfied in Schedule 2 ESA Regulations are
18C 9 Points
19c 6 points

The descriptors in Schedule 3 ESA Regulations are not satisfied.

I then believe I had a back payment for the duration I was on JSA and not ESA with the work related component.


The next appeal notice I have is 19/04/2013

stating the appeal is allowed
The decision made on 21/06/2012 is set aside
miss ... is entitled to ESA with the support component
The Secretary of State had accepted that Miss ... satisfied the conditions for the work related activity component. This was not in issue.
No descriptor from Schedule 3 of the ESA Regulations 2008 was satisfied but Regulation 35 of the ESA Regulations 2008 applied.
It then goes on to explain about the condition and not reassess within 6months of the date 19/04/2013.

I recently wrote in and got a backdated payment from 21/06/2012 when the decision was set aside and put into the correct support group as they still had me in the work related.

I am wondering if I should be able to be backdated since the beginning of the original claim of ESA (before 21/06/2012), or when I was claiming JSA as I had been incorrectly advised by the benefit centre.

Would appreciate some help.

Many Thanks

comegetsome

i attended my tribunal last friday and im relieved to say that the court overturned the dwp and ruled that i am entiltled to recieve ESA with the work related activity component.:T
This morning i recieved a letter from the dwp which read as follows..."A payment of arrears of contribution based ESA amounting to £xxxx has been calculated for the period from 21 march 2013 to 6 december 2013
The arrears payment has not been sent or credited to you as we are holding details of a possible overpayment.We are checking whether any recovery must be made.Payments due will be sent to you as soon as possible and we wil tell you why any money has been withheld..
Now the fact that i have only been recieving fortnightly payments into my account from the dwp of £110 to suggest ive been overpayed is comically impossible...On top of that the calculation of arrears is also incorrect seeing as my claim for ESA began on 20th December 2012 not from 21st March 2013...as my claim has been ruled as genuine by a court of law from the time of the assessment yes..but the reasons i had for making my claim were the same prior to the assessment going back to december 2012.For the dwp to not backdate my arrears for this 3 month period would suggest my claim was not genuine untill they decide it is....WRONG...i believe they owe me that money and seeing as the total !!!!!! that did my assessment falsified the evidence i gave leaving me living for 6 weeks on food hampers from my local christian church :mad:....im damned well going to get it out of the dodgy shitbags if its the last thing i do...

nannytone_2

the first 13 weeks of any ESA claim are paid at the assessment rate.
if you wait longer to be assessed, and are put into the WRAG, they only pay backdated payments from week 14
is the March date 12 weeks from when you first claimed?.