ESA - Work Related Activity Group / Wrong Date

[JustM4TT]

Hi CAG,

 

Wondering if I could get a little bit of advice here on what I should do and where to start. I've been claiming income related ESA since the 8th of April 2014 and on the 26th September 2014 I had my ATOS assessment.

 

This week the DWP/ESA have decided and placed me in the Work Related Activity group (Yay - I think?). Well they have put me in the group from the 26th September 2014 and told me that I will be back paid from the 26th September not the 14th week of my ESA claim like it says on there website

 

If the assessment takes longer than 13 weeks your benefit will be backdated to the 14th week of the claim.

 

None of my circumstances have changed between the 8th of April and today so I see no reason why I should be penalised for the long wait time for my assessment.

 

Thanks CAG...

[Mr.P]

Write to the ESA team at the DWP asking for a mandatory reconsideration - Point out that the date they have given is at odds with the time frame stated on their web site (and any other documents you may have).

 

Before you send off any letters, hang around here for the experts to offer up some advice.

[~Starryeyes~]

Just M4TT,

 

Unless you live in an area where new single jobseekers have to claim universal credit this may be a simple clerical error, in that the decision maker has confused it with a supersession. (New decision, which would be paid from the date of decision.) Assuming universal credit is not involved, the procedure for getting this sorted is as already advised. Written request for mandatory reconsideration, sent to your benefit delivery office via recorded delivery. Or at least hold onto the proof of posting. The Department for Work and Pensions have declined to provide an official form to request mandatory reconsideration, but if you do not like writing letters there is some information and a template on the Citizens Advice site.

 

Google; 'Adviceguide', > 'Benefits' > 'Sick or disabled people and carers'

 

Google; 'Employment and support allowance leaflet'. Refer Jobcentreplus to page 9, and ask them to pay the work related activity component from week fourteen of your claim. Or explain their reasons for not doing so. Your request needs to reach Jobcentreplus before 26 October 2114.

 

Should you live in a universal credit area, unfairly, the picture may change. Due to delays with assessments and universal credit, there is a lot of confusion as to exactly when an assessment phase for employment and support allowance ends.

 

Starryeyes.