esa backpay

anubis68

i was transferred from IB in November 2012 to esa WRAG but i was never told anything about the support group until i was told by a friend in January so i appealed on the 16th of January and went to a tribunal on 16 th October and won at the time i was told it would take up to 4 weeks to get back date payments which they haven't got round to doing and its coming up to 5 weeks so i rang them and was told it takes up to 12 weeks not 4 like the courts said!
which department would i get the most accurate information and to speed things up a bit?
Also would i get back pay to the 16th of Jan or November as i was told nothing about the support group

rogerblack

The tribunal is in effect sitting in the original decisionmakers seat - and they have in effect changed the decision of November 2012 - and it is as if it had been that way all along.
You will get backpay from November.
(This assumes that the amount you were getting on IB is less than the support group amount - if it's not - then you continue getting the same amount as you were until ESA rises above that limit).

The DWP are the only ones dealing with the payment at this point, the tribunals service is not.
If this is putting you in hardship - you can as I understand it request the DWP to consider expediting matters - otherwise - it's just a queue.

anubis68

thanks for the reply Roger
no hardship unless you count the bedroom tax !!!! up by the council not informing me how much i was to pay then go and tell me and in the same letter saying how much in arrears i have to pay which comes to £100.69 a month i dont know if that would count as hardship?

epitome

If you have been getting £110.85 on ESA you won't be entitled to any ESA arrears. Unless you already have an ESA IR calculation or you apply on an ESA3 and are entitled to ESA IR....

ESA IR for a single person in Support group would be £121.65 week. So you would then get the difference upto 121.65.