Backdating ESA

elsien

Hi,
Person in hospital under section, was not aware initially they can claim ESA while there as quite unwell on admission and the hospital didn't mention it to them.
I've read that ESA can be backdated in some circumstances - how would they go about requesting this? Still under section at the moment so a backdated medical certificate shouldn't be an issue. Can it be done by phone or is there a form of some sort to fill in? They've just called to make the initial claim but didn't realise that backdating was possible when they made the call.

pmlindyloo

ESA can be backdated for up to 3 months.

They need to call again about their claim and ask for it to be backdated and what evidence they need - think it's only the fit notes.

TELLIT01

Yes it is only fit notes. If they aren't available for any reason, a letter from the GP or hospital should suffice.

jessex1990

Yes they can backdate it but they don't like to but I think the fact that the seriousness of their illness they will consider doing so. Call the existing benefits claim line (the JSA, ESA, IS one).

Make sure that your loved one makes her next of kin the appointee rather than the hospital because hospitals don't fill out the paperwork either on time or at all and that leads to money being stopped and sanctions thru no fault of their own. Them not getting paid is likely to stress them out and make them unwell even if they have had a settled period.


You are also entitled to claim back expenses from the hospital to visit at 50% rate and also 100% for CPAs

elsien

Person has capacity around finances and doesn't want an appointee. Also in this area hospital won't have anything to do with benefits or act as appointee which causes all sorts of problems, as you can imagine.

jessex1990

elsien wrote: »

Person has capacity around finances and doesn't want an appointee. Also in this area hospital won't have anything to do with benefits or act as appointee which causes all sorts of problems, as you can imagine.

I bet the hospital want it paid to themselves rather than an individually named one for the person though. That's my bone of contention with it they won't do the paperwork or help with it but want the money paid to them to pass onto the patient. Then get the a***ache when you say no it's being paid into their own bank account Thank you very much.

Its a tough thing to be going through, I hope the hospital have mentioned to you about carer run support groups. .

TELLIT01

jessex1990 wrote: »

Yes they can backdate it but they don't like to but I think the fact that the seriousness of their illness they will consider doing so. Call the existing benefits claim line (the JSA, ESA, IS one).

Sorry but stating that they don't like to backdate is totally untrue. By their very nature, many ESA claims are made some time after an illness / incapacity happens. ANY ESA claim can be backdated up to 3 months as long as there are medical certificates to support the claim, and there aren't any other payments being made which prevent ESA being claimed.

epitome

To back date an ESA claim it has to be requested at the point of claim. In all cases a back date of up to 3 months is easily done. More than 3 month -up to 6 months- is allowed in certain conditions, I don't know off-hand what they are, but it is something like being the partner of a British armed forces service personnel who was posted overseas and have recently returned to UK. and/or maybe being a miscarriage of justice case.

Where a claim has already been made by phone or by post... the claim date can only be changed if the claim has not yet been finally processed.

If it has been finally processed, another claim may have to be made backdated to within 3 months of the second claim being made.
i.e. first claim made on 25/08/16 could have been claimed from 25/05/16 but was claimed from 25/08/16. It has been processed, and the claimant is told to make a second claim if they want it back dated . Second claim is made on 10/09/16, second claim can only be backdated to 10/06/16.

If the first claim has not been finally processed then to ensure your backdating request is actioned properly you should phone, ask the agent to note on your record the nature of the call that you want the unprocessed new claim "date claiming from" to be changed to xx/xx/xxxx and insist on a call back from the new claims department to be doubly sure that it will be done.