IB -ESAwrag - SG advice plz

scoobydoo6475

Hi hope some1 can help out abit.I was on IB failed esa migration so appealed almost 1 year later i won appeal and placed in wrag recieved backpayment and was back on IB rate for a few weeks but then switched to IR esa so lost the top up.Approx 6 months later i was asked by JC adviser if i had appealed for SG,i said no i couldnt face a tribunal etc again,anyway when i got home me and wife had a chat and she rang up the adviser and asked if it was too late to appeal and she said should be fine if i explain why its late.Well i have had decision in my favour by a DM and placed in SG but my question is ...
Will it be backdated to when i had won my tribunal or from the date of this appeal and if its from tribunal date will i be able to go back on CB esa and resume my IB top up ?

Hope someone can help me out before i have too spend hours ringing them up

rogerblack

A decision cannot normally be appealed 13 months after the original decision.
An ongoing tribunal case may extend this - but normally you only have one month after the tribunal decision to appeal it.
You cannot normally appeal the decision of a tribunal if it has come to a not irrational decision that is properly justified, and follows the law - even if you disagree with that decision.
It is very unlikely that at this stage you could appeal to the upper tribunal to re-look at the decision the tribunal has taken.
This means that it is likely that unless the DM has been particularly generous, and decided to revise the original decision on the grounds of error, it is likely that the support group payment will only be backdated to the time you or your representative made the approach to them most recently.
As you have a continuous claim - then yes - you will go back on CB ESA.
I'm not sure about if the transitional protection would kick in again.

scoobydoo6475

Spoke 2 them on phone 2day and looks like im on same rate as my IB but with £6 extra (SG) not going back onto CB tho cos according 2 him it would be £1 less than what im getting on IR rate a week but ill post when i get it in writing and see figures for myself either on bank statement or letter from them.
He also said i would be getting £6 a week approx from dec 15th 2011 which was when my migration from IB-esa was.He said i'm getting £169 a week,which b4 this appeal it was only £141 a week so I might also be getting a backpayment from 15th dec 2012 (IB top up stopped) for that aswell

epitome

I would imagine you have been reassessed after the 12 months or 18 months had passed..... Did you complete another ESA50 at any point?

And I imagine you appealed that second decision so that you got SG from the 2nd decision date not 2011. The guy you spoke to on the phone probably made a mistake and said you would get arrears back to 2011.

You must be a couple, £141 = 112.55 + 28.45 = wrag rate
Now you are in SG you get 112.55 + 34.80 + 21.75 = 169.10

How much did you get when on IB and when you were on WRAG?

scoobydoo6475

Yea its for a couple,was on £162 ish IB
Wrag was £141
now he said £169

whats that £21.75 for that makes it upto 169.10

and no i didnt complete another esa50 JCP said my next assement is april 2014 i was given 18 months @ my tribunal so thats right.

guy 2day said the £6 sg component extra amount will be backdated from dec 2011 he said roughly thats £500
The 1st year i was on £162 a week for esawrag but then it dropped down too £141 from dec 2012 too now (£169) which is why i think i might be getting that £21.75 backdated from dec 2012 too now but i could be wrong like you said time will tell

Horseunderwater

Couple related ESA Support group rate for tax year ending 5th april 2013 was £166.80 per week. For this year it is £169.10 and for Y/end 2012 it was £158.55. So if you were getting more on Incap benefit than those amounts you will not get any more money. But if you were getting less then there should be some to come.

epitome

So you would have been on 112.55 while on appeal

When you won the appeal you should have got the difference upto IB rate £162 The difference being approx £50 for every week that you were on appeal for. After the year ended it would have dropped to £141

As you did not do another ESA50 - I have no idea what has happened in your case that you now have SG after being put in WRAG by tribunal. Unless you had a supersession but this would make no sense either.

If you are now in SG 169.10 and it does apply back to 2011 you will get
169.10 - 141 = 28.10 arrears for the weeks that you got £141
And £6 - £7 for all the weeks (52 weeks) before that.

I'd be interested in the full explanation if you do find out exactly what happened and why you were allowed a change in decision more than 13 months after the original decision in 2011.

£21.75 is couple rate Enhanced disability Premium.

scoobydoo6475

epitome wrote: »

So you would have been on 112.55 while on appeal

When you won the appeal you should have got the difference upto IB rate £162 The difference being approx £50 for every week that you were on appeal for. After the year ended it would have dropped to £141

As you did not do another ESA50 - I have no idea what has happened in your case that you now have SG after being put in WRAG by tribunal. Unless you had a supersession but this would make no sense either.

If you are now in SG 169.10 and it does apply back to 2011 you will get
169.10 - 141 = 28.10 arrears for the weeks that you got £141
And £6 - £7 for all the weeks (52 weeks) before that.

I'd be interested in the full explanation if you do find out exactly what happened and why you were allowed a change in decision more than 13 months after the original decision in 2011.

£21.75 is couple rate Enhanced disability Premium.

yea above figures is what im working with i did get a large amount backdated from winning appeal and then £162 for a few weeks before 365 days rule applied and lost the IB top up,down to £141.
Not recieved any letters yet regarding change except the one saying im put in SG. I will keep you informed as to what they say if and when i get any letters.