ESA or Universal credit backpay?

Kinzey

Hi again sorry another question..
I know havent got the the result from the tribunal yet.
But if I win I'm just wondering how much back pay i will get and will it be under ESA amount or Universal credit amount? I was on ESA support group with the enhanced premium up until they found me fit for work july last year. So I've had to go on universal credit which I did straight away for this past year while waiting for tribunal. My representative at the tribunal told me I'd get £30 a week backpay. This doesnt seem right as before I was getting £500 odd a month and at the mo I'm getting half of that. And do I count this from week 14 of the decision or the same date? Im just all confused. Thanks again x

calcotti

If you are put back into the ESA Support Group you will get any arrears of ESA up to the date of your UC claim. You will also be entitled to the LCWRA element in your UC backdated to the start of your UC claim.

Kinzey

Hi calcotti I thought once you go on UC you cant go back onto ESA. DWP told me that it will all merge onto my UC. I went onto UC straight away so there was not much time between the esa stopping and UC starting.

poppy12345

Kinzey wrote: »

Hi calcotti I thought once you go on UC you cant go back onto ESA. DWP told me that it will all merge onto my UC. I went onto UC straight away so there was not much time between the esa stopping and UC starting.

You can't go back onto ESA no but you won't lose out on any backdated money if the award is LCWRA because you'll receive that in your UC payments.

calcotti

I didn’t say you will go back onto ESA. If the tribunal finds that you should have been in the Support Group then you have been underpaid ESA and you will be entitled to the arrears (even if this is a small amount). You will also be entitled to the LCWRA element from the start of your UC claim which is £336.20/month.

Of course this is all irrelevant unless the tribunal decision is to put you in the Support Group.

Kinzey

Thank you both ..sorry for the misunderstanding calcotti. It's a bit more clearer now thank you again x

calcotti

Because you said your ESA was about £500/month I infer you are aged below 25 and your ESA Support Group would be £113.25/week (equivalent to £490.75/month). UC with LCWRA would be £587.97/month.

For someone over 25 the figures are £128.45/week (£556.62/month) and £654.02/month.

These figures are based on this year’s benefit rates.

Kinzey

I was getting £254.30 a fortnight when I was support group and I'm over 25 . My representative from the CAB seems to think I wont get much difference from the support group rate to the uc lcwra rate .

poppy12345

Kinzey wrote: »

My representative from the CAB seems to think I wont get much difference from the support group rate to the uc lcwra rate .

Best thing to do is wait for the decision from the Tribunal and then come back if you're not sure. Pointless predicting anything at this point when you haven't yet had the decision.

Kinzey

That's true . Was just wondering x

poppy12345

You usually receive a decision letter within a day or two, so it shouldn't be too long.