Esa backdated

Alice_Holt

poppy12345 wrote: »

I'm fairly certain that's not correct for ESA, i do believe that if a change of circumstances is reported and the award changes in favour of the claimant then it's from the date of the decision.

PIP is from the date the changes were reported.

Ahh thanks.

Must have been getting confused with PIP.

Two years is ridiculous (as sportsarb says):
https://www.whatdotheyknow.com/request/how_do_i_make_a_claim_for_financ

I would definitely go through your MP too, as consolatory payments by the DWP are very low.
https://www.gov.uk/government/publications/compensation-for-poor-service-a-guide-for-dwp-staff

I might also see if your local Citizens Advice are able to dig out any case law / ESA regulations on this topic. Ask your CAB to email their expert advice team, and then let you know their reply.

Edit: Following calcotti's post below quoting the DM guide, the OP should definitely challenge and appeal the backdating decision and get help from their local advice agency.
OP - if in doubt then go though to tribunal, and let the tribunal decide if the DWP's decision not to backdate is wrong in law.

calcotti

poppy12345 wrote: »

I'm fairly certain that's not correct for ESA, i do believe that if a change of circumstances is reported and the award changes in favour of the claimant then it's from the date of the decision. .

[STRIKE]I’m not sure that is correct. Decision Makers Guide paragraph 04221 says
“Where an appropriate office is notified of a change of circumstances within one month of the date that change occurred, or within such longer period as may be allowed under DMG 04204- 04210, the effective date of the supersession will be the date the change occurred.”

I think this is the relevant paragraph but as always it’s difficult to track everything through.[/STRIKE]

CORRECTION: This is not the relevant paragraph. See further posts below.

Nannytone

calcotti wrote: »

I’m not sure that is correct. Decision Makers Guide paragraph 04221 says
“Where an appropriate office is notified of a change of circumstances within one month of the date that change occurred, or within such longer period as may be allowed under DMG 04204- 04210, the effective date of the supersession will be the date the change occurred.”

I think this is the relevant paragraph but as always it’s difficult to track everything through.

1s it wasn't a change of circumstances it was a review. Obviously the time frame is totally unacceptable but if the decision had been to stop paying ESA would you have thought it fair to have to pay back everything received during that to your period.

1 you can't have it all all ways

Mark_Norville

You should get two years of back pay, if in doubt, give them a call and ask regarding back pay. The DWP as I have said on other posts, when you owe money they work fast as lightning, when they owe you money they work at a snail's pace.

I know that the rules have changed recently, but I honestly cannot remember what they changed to.

As they took their time to sort out your claim, then pretty much I would say 99% you will get the back pay that they owe you.

If you owe any money to the DWP such as an over payment, they will remove this from your back pay. Unless you can provide otherwise that this is to pay rent arrears.

You should get possibly get about £4,000 to £5,000 off the top of my head.

calcotti

Nannytone wrote: »

1s it wasn't a change of circumstances it was a review. Obviously the time frame is totally unacceptable but if the decision had been to stop paying ESA would you have thought it fair to have to pay back everything received during that to your period.

1 you can't have it all all ways

Quite right. Lost the plot somewhere and forgot it was a review rather than a change of circumstances.

Unfortunately therefore I think there is little chance of a successful complaint or further backdating of the increased award. If the OP had at some point during the two year wait notified the DWP that there had been a deterioration in their health that would be a different matter.

Kim89x

During the 2 year wait i had to ring the dwp on a few occasions to chase up appoinment as the jobcentre kept sending work focused interview every 3 to 6 months. I had to tell them my husband wasn't able to leave the house to attend these appointments and we were waiting for a home visit, in the end he ended up having the appointments by telephone.

Kim89x

I have emailed my MP and he has told me he will be contacting them today to discuss the matter i also rang ESA today and the advisor told me she was writing down the information i gave her and she can see why im not happy with their decision and i should hear from a decision maker within 3 days so fingers crossed something will come of this.