esa backpayment

[blingbong]

Hi all. I was wondering if I could ask some advice regarding if I could claim back some money from Esa? All last year i was on Esa at the assessment phase payment of £72 per week. I cam off Esa I. December to try out work again. Unfortunately it didn't work out so made a further claim in January of this yaer. That was a rapid reclaim. I have been on the assessment rate since then awaiting my medical. I have just received a letter stating I have been placed in the support group without a medical. That is obvious good news but they are only backdating to January and forgetting about all of Las year. Any chance of getting that back as my dad said i should be entitled? Thanks in advance.

[blingbong]

Obviously they are counting it as two separate claims although about 3 weeks ago I got a letter from the dwp saying that my contribution based Esa was about to run out as I had been on it for 365 day so I'm really confused.

[Nystagmite]

The 365 day rule doesn't apply for support group. You need to query that.

[id6052]

esa is paid at assessment rate for first 13 weeks, the support group element is payable from week 14

 

it sounds like the 365 day letter was issued prior to support group decision

[estellyn]

I've had a look around and this seems like a difficult area still in some dispute. The dwp do treat claims linked by less than 12 weeks as one claim, and as such we would expect backdating of the decision to week 14.....however this doesn't seem to be occurring. I suspect this is a decision that may need to be appealed and as such would recommend you seek assistance from CAB or a welfare rights adviser to assist you in challenging the decision. In the meantime request a mandatory reconsideration of the decision to only award backdating from January on the grounds that the period of limited capability for work of your current claim begins at the beginning of your first claim as two linking periods are treated as one.

 

I don't know what your likelihood of success is, but good luck with this.

 

https://www.whatdotheyknow.com/request/164843/response/410470/attach/html/6/3024%20Annex%203.pdf.html

 

12 Week Linking

7. Two or more Periods of Limited Capability for Work (PLCW) are treated as

one PLCW if they are separated by not more than twelve weeks (84 days).

Where an award of ESA (Cont) based on the claimant satisfying the youth

conditions terminates the claimant cannot benefit from the youth conditions

again, even if the PLCWs link, see DMG Memo 13/12 . See current guidance

for claimants who are treated as having LCW.

8. A claimant may be re-awarded a component in a linked case where that

component was already in payment on their previous claim or where they had

had a WCA but had left benefit prior to the component becoming payable,

provided they did not leave benefit as a result of a WCA outcome.

9. The WRAC may also be paid immediately after 13 weeks in certain

circumstances where the claimant has not had a WCA but can be treated as

having Limited Capability for Work e.g. those who are terminally ill or those in

hospital.

10. Where the claimant has not completed the 13 week assessment phase on

their previous claim, they will be placed in the assessment phase on their new

claim and will be paid the appropriate rate of ESA. A WCA will be undertaken

in the usual way and, provided they are successful in this, the appropriate

component will be awarded from the first day of the 14th week, taking into

account the number of weeks served on the previous claim.

[blingbong]

Okay thanks for the information. My friends has advised me to try and claim PIP now. Is there any advice about that process please? I used to claim DLA years ago which was relatively straightforward but my ex made me stop my claim as he said I was a scrounger. Hey ho.

[honeybee13]

There is some information on PIP in this stikky.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?407139-Personal-Independence-Payment-%28PIP%29-Sources-of-Interest-Updated-June-2014

 

HB