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View Full Version : Does ESA get back paid??



sezeelson
02-01-2012, 06:32 PM
Hi everyone, New to the forum

Basically, i applied for ESA in March 2011, I had my medical in august which i failed. I appealed straight away and had my tribunal late January giving me the necessary points to qualify for ESA.

What i want to know is when they put me in either the working or support group will i get any back payment? as it has taken them 10 months to give me a decision. If so is there like a limit on how long they can pay it back from?

Thank you very much in advance.
Sarah.

davewhit
02-01-2012, 06:58 PM
yes it will be back dated and after the first 13 weeks it goes up

Stepheninleeds
02-01-2012, 08:10 PM
You can also appeal in you are put in the WRAG group & feel you should be in the Support Group. Yeah, another appeal for you, just what you want!

D. F. King
05-18-2012, 12:04 AM
I applied for ESA in March 2011 - the Atos assessment didn't take place until August. I was awarded 6 points and appealed straight away. I had my tribunal hearing on May 11th of this year, won the appeal, and was awarded 18 points. I assumed that I would be getting back pay from the 14th week after the initial claim (i.e. from when the assessment period was supposed to have ended) - that is, from June 2011. That's roughly a year. But I was rather surprised to find a website calling itself 'DWP Examination' which claims that DWP are trying to stop doing this & only paying from when the tribunal decides you're not fit to work. They also claim that a welfare officer won a tribunal on behalf of a client that back pay of ESA should be paid from the 14th week onward - and that DWP are appealing against this. Does anyone out there know whether this is true or not? Have 'DWP Examination' got it wrong? And does anyone know exactly who 'DWP Examination' are? Are they reliable?

Stig
05-18-2012, 12:33 AM
I applied for ESA in March 2011 - the Atos assessment didn't take place until August. I was awarded 6 points and appealed straight away. I had my tribunal hearing on May 11th of this year, won the appeal, and was awarded 18 points. I assumed that I would be getting back pay from the 14th week after the initial claim (i.e. from when the assessment period was supposed to have ended) - that is, from June 2011. That's roughly a year. But I was rather surprised to find a website calling itself 'DWP Examination' which claims that DWP are trying to stop doing this & only paying from when the tribunal decides you're not fit to work. They also claim that a welfare officer won a tribunal on behalf of a client that back pay of ESA should be paid from the 14th week onward - and that DWP are appealing against this. Does anyone out there know whether this is true or not? Have 'DWP Examination' got it wrong? And does anyone know exactly who 'DWP Examination' are? Are they reliable?


No i cannot say wether it is true or not but nothing would surprise me in any way with the DWP any more . As they are supposed to be there to serve the public they are a disgrace. Once they realise they have a little power over others a few turn into despotic magalomaniacs the worst of which is that they are allowed to get away with it

davewhit
05-18-2012, 10:39 AM
I applied for ESA in March 2011 - the Atos assessment didn't take place until August. I was awarded 6 points and appealed straight away. I had my tribunal hearing on May 11th of this year, won the appeal, and was awarded 18 points. I assumed that I would be getting back pay from the 14th week after the initial claim (i.e. from when the assessment period was supposed to have ended) - that is, from June 2011. That's roughly a year. But I was rather surprised to find a website calling itself 'DWP Examination' which claims that DWP are trying to stop doing this & only paying from when the tribunal decides you're not fit to work. They also claim that a welfare officer won a tribunal on behalf of a client that back pay of ESA should be paid from the 14th week onward - and that DWP are appealing against this. Does anyone out there know whether this is true or not? Have 'DWP Examination' got it wrong? And does anyone know exactly who 'DWP Examination' are? Are they reliable?

at present your paid one rate till your medical or DM says which group your in a nil award will if you appeal get you basic rate till tribunal after which if you win your paid 1st 13 weeks basic then after that the correct rate depending which group your put in..... if you lose at tribunal you have the right to appeal to upper level tribunal on points of law but no esa is paid

the not paying dla if you fail medical or get less than 15 points till you win at tribunal is nothing more at present to a story going around

its an interesting point of view the other story like it is of the course the one if you lose at appeal you have to pay money back
anything you hear or read on hear or other web sites take with a big pinch of salt seek expert advice

gabopentin
05-18-2012, 12:25 PM
DWP Examination is simply a 'blog' site. Not an official DWP info site. Therefore the possibility of 'rumour control' is high. As to the backdating. An interesting legality arises here.
If the DWP refuse to pay backdating and the Tribunal have ruled that you are entitled from a particular date then the DWP are with holding a legal benefit entitlement. It would be the same if they made a mistake in your payments and paid you a lower amount than you were due. And then refused to pay what they 'owed' you.
The Tribunal judgement should have a date on it as to when the ESA is awarded from. If this date is after the assessment date then the ESA must be paid from that date.
A similar issue arises with CA. They say they only pay 3 months backdating. But if a Tribunal award date is longer than that then by CA refuses to backdate their entitlement date it has a 'knockon' effect on other benefits and premiums which CA gives entitlement to.
ie. A person is awarded DLA medium care from 21/08/2008. The carer applies for CA from the same date. If CA refuses the entitlement then the carer 'loses' the carer premium from IS for the same period.
This then possibly become a legal debt owed by the DWP to the carer.

gabopentin
05-18-2012, 12:36 PM
Addition to last comment.
The Tribunal is a legal entity within itself. As part of the process they look at a case as to how the person was at the time of the refusal and make their judgement based on this. By the DWP refuses to backdate payments from the Tribunals award date but pay the person from the date of the Tribunal then they are effectively stating that a persons condition stays the same irrespective of time. They are also refusing to accept a legal judgement by the Tribunal. Judges get very upset if a bureaucrat ignores the law. Since judges belong to the same 'club' if this went for judicial review then the DWP would lose big time. Also European Court of Human Rights, who love to go against British law every time would decimate this idea.