We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Won Mandatory ESA - Do I get backpay
HONEYMONSTER
Posts: 45 Forumite
Hi!
I was on ESA due to reactive depression following some pretty dire family events that happened in close succession. I was called for a Health Assessment and what followed was a 30 minute discussion of my health issues from a few years ago when I had a tumour in my spine and I raised issue with this as it wasn't why I was currently unable to work. I was found fit for work and was awarded 0 points but the letter cited old health issues which I was no longer suffering with and not why I was currently unfit to work. I put in a mandatory reconsideration and won. But what happens over back pay? I was on the contribution based benefit at circa £73 per month which from week 13 should have gone up to £103pw in January had I passed the health assessment. I was thrown off ESA in Feb and claimed JSA and the mandatory appeal overturned this decision on 6th April. In the interim the benefit rules had changed and I understand that as of the beginning of April, if you are in the work capability group, your money does not rise after 13 weeks.
If it hadn't been for that change in law, I would have expected to go back onto ESA at the £103 rate, with backpay for the £30 difference from week 13 onwards of my original claim? is this still the case now the rules have changed from the beginning of April?
What do you think?
I was on ESA due to reactive depression following some pretty dire family events that happened in close succession. I was called for a Health Assessment and what followed was a 30 minute discussion of my health issues from a few years ago when I had a tumour in my spine and I raised issue with this as it wasn't why I was currently unable to work. I was found fit for work and was awarded 0 points but the letter cited old health issues which I was no longer suffering with and not why I was currently unfit to work. I put in a mandatory reconsideration and won. But what happens over back pay? I was on the contribution based benefit at circa £73 per month which from week 13 should have gone up to £103pw in January had I passed the health assessment. I was thrown off ESA in Feb and claimed JSA and the mandatory appeal overturned this decision on 6th April. In the interim the benefit rules had changed and I understand that as of the beginning of April, if you are in the work capability group, your money does not rise after 13 weeks.
If it hadn't been for that change in law, I would have expected to go back onto ESA at the £103 rate, with backpay for the £30 difference from week 13 onwards of my original claim? is this still the case now the rules have changed from the beginning of April?
What do you think?
0
Comments
-
As long as your claim was before the new regulations then you will be entitled to the backpay.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.1K Banking & Borrowing
- 253.6K Reduce Debt & Boost Income
- 454.3K Spending & Discounts
- 245.2K Work, Benefits & Business
- 600.9K Mortgages, Homes & Bills
- 177.5K Life & Family
- 259K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards