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Thread: Arrears?

  1. #1
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    Arrears?

    I have recently been placed in the Support Group and received a payment for the arrears from OCT 2017. DWP seem to think this is correct, despite my claim dating from April 2013. Can anybody confirm when the arrears should have been paid from?
    Thanks

    Best Wishes for the New Year

  2. #2
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    If it's a new claim, the SG component should be backdated to the 14th week of claim, the first 13 weeks are payed at assessment rate/the personal allowance component part of ESA - only.

    If it were a reassessment, like WRAG to SG, the increase would be payed from the date of Decision.
    Last edited by Jard; 12-28-2017 at 12:47 PM.

  3. #3
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    I have only ever had one assessment.

    April 2013 claim started
    August 2013 missed medical so claim disallowed
    September 2013 Good cause accepted as was in hospital so was put back on ESA
    August 2017 Assessment and decision of no longer entitled to ESA.
    October 2017 placed on Appeal rate
    December 2017, DWP lapsed appeal and eventually placed me in support group

    Somehow they have decided im only entitled to arrears from October

  4. #4
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    You should keep all your posts to the one thread, so people can follow your case history, it make it easier all round.

    The negative Decision of August 2017 signifies the end of that particular award, what were you claiming between then and October 2017?.
    More importantly, did you get any fit notes covering you from the day after that award finished in August?, without these they will only acknowledge your claim from the time they placed you back on Appeal rate.

    It looks to me that they have treated your case as a Supersession, if you want to challenge this Decision you should talk to a benefit advisor.

    NB:
    By the way, every time you receive & return an ESA 50 it is an assessment, they don't necessarily have to give you a Face to Face to assess you, although it is necessary to find you Fit for Work.
    Last edited by Jard; 12-28-2017 at 01:56 PM.

  5. #5
    Senior Member nukecad's Avatar
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    It is hard to follow with your posts being spread about like they are.

    As I understand it from a previous post then you have been on assessment rate and supplying sick notes since 2013, is that correct?
    http://www.youreable.com/forums/show...ESA-assessment

    It would help us if you could say how much you were being paid in what years, that would tell us if in fact you were being paid a group element.
    The figures you were being paid in 2015 or 2016 (while it was steady payments) would probably be best here.

    And were they still sending you reminders to send new sick notes in?
    That could be very important evidence if they were.

    If it is correct then you are in an odd situation.

    Your SG award is indeed from October 2017, the date the decision was made.
    But it does seem something should be backdated to 2013.

    The problem is that the amount of time you seem to have spent on assessment is unusually long.
    Their systems were never designed to cope with this length of time on assessment.


    I believe that I have seen a similar case before, but being so unusual I didn't make a note of it.
    From memory-
    The DWP wanted to argue that there was no way to say what the decision would have been years ago, and so they couldn't award a component for those years and so didn't have to backpay.
    The claimants representatives argued that backpay of a group component was due from week 14 of the original claim - the law says so.
    I believe it went to court and they had to backpay. (Although it may have been an agreed compromise).

    I'll see if I can find it again.

    A lot will also to depend on just what was agreed (if anything) prior to your assessment in 2017.
    Was this to be treated as a new claim? or as a reassessment?
    Was any agreement made at that time about how to treat the preceeding years?


    This is a very unusual situation and you are likely to need specialist, probably legal, help.
    Have you been in touch yet with CAB or similar as advised previously?
    If not then you need to get someone onboard.

    EDIT
    Similar, but not the same, situation from earlier this year:
    http://www.youreable.com/forums/show...l=1#post120531
    Last edited by nukecad; 12-28-2017 at 03:11 PM.
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  6. #6
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    I have had to supply sick notes since 2013. There has been no agreements made about anything to be honest. I filled out an ESA50 in 2013 and once in July 2017, I have never previously been in any group and they know I have been either in the assessment phase or appeal phase since 2013.

  7. #7
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    Quote Originally Posted by justme2017 View Post
    I have had to supply sick notes since 2013. There has been no agreements made about anything to be honest. I filled out an ESA50 in 2013 and once in July 2017, I have never previously been in any group and they know I have been either in the assessment phase or appeal phase since 2013.
    Are you saying, you have supplied them with FitNotes continuously without a break since 2013? and hadn't chased them up about an assessment?, until you received another ESA 50 & assessment in August 2017 - where you were found Fit for Work?.

    Do you have copies of those ESA 50's, did you receive an 'Evidence Bundle' in preparation for your Tribunal?, it appears to me that any case for back dating you may have is going to depend on them and the information contained in them: Otherwise the only claim you will have will emanate from the second of those.
    Last edited by Jard; 12-28-2017 at 05:27 PM.

  8. #8
    Senior Member nukecad's Avatar
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    Quote Originally Posted by Jard View Post
    Are you saying, you have supplied them with FitNotes continuously without a break since 2013? and hadn't chased them up about an assessment?, until you received another ESA 50 & assessment in August 2017 - where you were found Fit for Work?.
    That's what justme2017 is saying,

    Tracking back through previous posts:
    There was apparently a problem with non-attendance at his first WCA, which got sorted as he had "Good Reason".
    And then they just forgot to send him another till earlier this year.

    So yes - backpay should be payable from the 14th week of the original claim in 2013.

    But because it's so far back then getting it sorted out may take some pushing and some time.

    Which is why getting a welfare advisor on board is advisable.
    Last edited by nukecad; 12-28-2017 at 05:07 PM.
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  9. #9
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    Which is why getting a welfare advisor on board is advisable
    .
    Yes nuke, I agree wholly, but so much will rely on evidence and proving the facts as they've been related here.

  10. #10
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    Thanks for both replies, Yes I have been continually supplying fit notes since 2013. There was a break in 2013 where I did not attend the first assessment so had to claim JSA, but when they accepted good cause they took me back on ESA. I genuinely thought that I was on ESA, I never realised about groups and all of that. Back in June this year I was talking to a call centre worker at the DWP and said I think its silly to keep having to supply fit notes after so long, thats when she realised that something had gone wrong with my claim. The DWP are taking my arrears back to when I asked for my mandatory reconsideration.
    My support group award still awards me zero points but I am on it under Regulation 35.

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