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    • Kim89x
    • By Kim89x 9th Nov 19, 4:30 PM
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    Kim89x
    Esa backdated
    • #1
    • 9th Nov 19, 4:30 PM
    Esa backdated 9th Nov 19 at 4:30 PM
    Hi new here. My husband and i have a joint esa claim and about two years ago he was asked for an assessment, his dr wrote a letter to request a home visit it took TWO YEARS to be done he has now been moved to the support group but has only been backdated 1 week. Is this fair? It wasn't our fault it took them two years to get to us, if he was well enough to travel to the assessment center it would of changed two years ago. Is it worth writing to them? Thanks for any advice
Page 1
    • TELLIT01
    • By TELLIT01 9th Nov 19, 5:51 PM
    • 7,212 Posts
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    TELLIT01
    • #2
    • 9th Nov 19, 5:51 PM
    • #2
    • 9th Nov 19, 5:51 PM
    It is not acceptable for a home visit to take 2 years to arrange. I agree that it is not fair, and in normal circumstances I would say get on to your MP about it. As parliament is no longer in session I don't think you will get much help in that area. It's certainly worth writing to them to explain the situation and ask why it has only been backdated 1 week.
    • Alice Holt
    • By Alice Holt 9th Nov 19, 5:59 PM
    • 3,389 Posts
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    Alice Holt
    • #3
    • 9th Nov 19, 5:59 PM
    • #3
    • 9th Nov 19, 5:59 PM
    It is worth writing to them.
    Use this form:
    https://www.gov.uk/mandatory-reconsideration

    From memory (others will tell you if I'm right or not) I recall that if your husband notified a change of circumstance then and the assessment confirmed this, then the payment should be from notification of that change.
    If a new claim, and your first assessment, it should be backdated to the 13th (or 14th) week of the claim.

    I would get in touch with your MP, as their caseworkers are likely to be still working.

    That certainly doesn't sound right to me,

    Is your husband in receipt of PIP?
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • poppy12345
    • By poppy12345 9th Nov 19, 6:25 PM
    • 6,120 Posts
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    poppy12345
    • #4
    • 9th Nov 19, 6:25 PM
    • #4
    • 9th Nov 19, 6:25 PM

    From memory (others will tell you if I'm right or not) I recall that if your husband notified a change of circumstance then and the assessment confirmed this, then the payment should be from notification of that change.
    Originally posted by Alice Holt

    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.
    • Kim89x
    • By Kim89x 9th Nov 19, 6:28 PM
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    Kim89x
    • #5
    • 9th Nov 19, 6:28 PM
    • #5
    • 9th Nov 19, 6:28 PM
    He has been on esa for about 5 years it was a review assessment. Thankyou for you're reply i will write to them.
    • Kim89x
    • By Kim89x 9th Nov 19, 6:29 PM
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    Kim89x
    • #6
    • 9th Nov 19, 6:29 PM
    • #6
    • 9th Nov 19, 6:29 PM
    When i rang them before we finally had the appointment they said they didnt have enough people to do home visits.
    • poppy12345
    • By poppy12345 9th Nov 19, 6:30 PM
    • 6,120 Posts
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    poppy12345
    • #7
    • 9th Nov 19, 6:30 PM
    • #7
    • 9th Nov 19, 6:30 PM
    He has been on esa for about 5 years it was a review assessment. Thankyou for you're reply i will write to them.
    Originally posted by Kim89x
    The extra money will be from the date of the decision.
    • bigbill
    • By bigbill 9th Nov 19, 6:48 PM
    • 842 Posts
    • 488 Thanks
    bigbill
    • #8
    • 9th Nov 19, 6:48 PM
    • #8
    • 9th Nov 19, 6:48 PM
    It takes time for ESA to work out the large arrears payment due I am sure it will follow.
    • Kim89x
    • By Kim89x 9th Nov 19, 6:53 PM
    • 7 Posts
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    Kim89x
    • #9
    • 9th Nov 19, 6:53 PM
    • #9
    • 9th Nov 19, 6:53 PM
    They said from the 1st of November his payment will change.
    • sportsarb
    • By sportsarb 9th Nov 19, 7:17 PM
    • 1,000 Posts
    • 694 Thanks
    sportsarb
    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.
    Originally posted by poppy12345
    This is how I understand it too.

    I do think a complaint is in order though on the basis of maladministration, two years is a ridiculous amount of time to make someone wait for a reassessment just because they asked for a home visit, it probably wont result in the decision being changed but it might (I stress, might) result in some form of compensation.
    • Kim89x
    • By Kim89x 9th Nov 19, 7:46 PM
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    Kim89x
    Yeah i will write to them something might come of it
    • Alice Holt
    • By Alice Holt 9th Nov 19, 8:12 PM
    • 3,389 Posts
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    Alice Holt
    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.
    Originally posted by poppy12345
    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.
    Last edited by Alice Holt; 10-11-2019 at 9:53 AM.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • calcotti
    • By calcotti 9th Nov 19, 11:38 PM
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    calcotti
    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. .
    Originally posted by poppy12345
    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.


    CORRECTION: This is not the relevant paragraph. See further posts below.
    Last edited by calcotti; 10-11-2019 at 4:12 PM.
    • Nannytone
    • By Nannytone 10th Nov 19, 1:20 PM
    • 225 Posts
    • 376 Thanks
    Nannytone
    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.
    Originally posted by calcotti
    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
    • By Mark Norville 10th Nov 19, 2:48 PM
    • 4 Posts
    • 2 Thanks
    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
    • By calcotti 10th Nov 19, 4:11 PM
    • 3,808 Posts
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    calcotti
    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
    Originally posted by Nannytone
    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
    • By Kim89x 10th Nov 19, 8:23 PM
    • 7 Posts
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    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
    • By Kim89x 11th Nov 19, 2:29 PM
    • 7 Posts
    • 0 Thanks
    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.
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