ESA Terms and Conditions

keet83

I am looking at appealing against the DWP for an underpayment. I remember finding the T&Cs for people claiming any benefits from the DWP however I can't remember where from. It stated that for some people a back payment could go back 12 months from when the DWP were notified on certain conditions.

My savings over the past few years had been declining and I had not been noticing or keeping an eye on it due to the depression and anxiety. The DWP are only willing to back pay me the amount from the date I reported a drop in savings to them, (when I had recovered from the depression), however I did find something stating that on certain circumstances they can pay back 12 month from when they are notified.

Does anyone have any links or info that I can use to put a case together in order to appeal?

Thanks for any help

[Deleted User]

We might need some approx figures to work on, are you saying that your savings went below £6000 and that due to that your benefits should have been increased? I would have thought that they would only repay any under payments from the date you notified them of the change, but others might be along later who can give a more definitive view.

keet83

My savings were constantly reducing each month, from around £9000 to £5000.

The issue of depression is that you lose track of a lot of things going on around you, you can become isolated and suicidal. Keeping the DWP informed about your savings each month is a huge task to do at that time, hence why there is a section that states that they can pay back up to 12 months from when they were notified.

TELLIT01

Typically changes only take effect from the date DWP is notified. I've certainly never heard of them being backdated more than 3 months.