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Backdated ESA after Tribunal Win

JaneDoeJohnDoe
Posts: 343 Forumite


I'm having issues with DWP ESA who say that my back payment can only go back to the date of Tribunal & not the date that I was found fit for work by a DM after a migration failure from IB/IS. I went through MR on JSA, went onto Appeals rate ESA after MR failed, but I WON the appeal. And the Tribunal decision replaces the original decision made by the DM & my Court summary clearly states this & that I should be entitled to WRAG component of ESA.
There was apx 3 months gap between being found fit & having IB/IS closed & the Tribunal decision - so I am owed about 3 months WRAG component or transitional amount in lieu.
Can anyone please point me to the actual regulation that deals with back payment(s) following tribunal decision(s) please so that I can direct the ESA payments people in the right direction?
There was apx 3 months gap between being found fit & having IB/IS closed & the Tribunal decision - so I am owed about 3 months WRAG component or transitional amount in lieu.
Can anyone please point me to the actual regulation that deals with back payment(s) following tribunal decision(s) please so that I can direct the ESA payments people in the right direction?
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i do know that the first 13 weeks are not counted when working out any backpayThis is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0
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