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ESA.... DWP won’t pay arrears.... As I Failed to Notify within One Month


exasperation
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Confused.... Need urgent help to resolve this situation.

 

I notified the DWP of a change of Circumstance as soon as I became aware of a legislation that affected my claim, I couldn’t notify any earlier as I wasn’t aware of the rule.

 

Originally, I was getting advice from a very knowledgeable Benefits Advisor, who told me what to say and what to write, but they’ve since left the charity which was helping me, and haven’t been replaced with someone as helpful or knowledgeable.

 

When I notified the DWP, my ESA was stopped for 10 months and when reinstated I only received 5 months arrears.

 

The knowledgeable Benefits Adviser, seemed to believe that when the ESA payments were stopped, once reinstated, any ESA payments owed to me, would be offset against overpayments. 

 

The most recent reply from the DWP says, they can not pay the 5 months ESA arrears from the date I notified them, because I didn’t tell them about the change within one month of it happening.

 

I can’t understand why I’m NOT entitled to the first 5 months arrears.

 

I called the DWP and asked for the decision to be looked at again.

 

When I called the DWP a month later in November 21, I was told that my request to have the decision looked at it again, has been rejected.

 

According to the CAB, this is currently a Mandatory Reconsideration, and said I should challenge the DWP’s decision ?

 

Can anyone advise ?

 

 

 

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  • exasperation changed the title to ESA.... DWP won’t pay arrears.... As I Failed to Notify within One Month

Yes that is what you need to do, if a decision has been made is submit a mandatory reconsideration, asking an ESA decision maker to review this matter.

 

WWW.GOV.UK

Challenge a benefit decision - how to ask for a mandatory reconsideration, evidence you'll need, deadlines and what happens next

 

If you have already gone through the mandatory reconsideration process, you will need to take the matter to Tribunal Court.

 

WWW.GOV.UK

Appeal to the independent Social Security and Child Support tribunal about a benefit decision: what happens at the hearing, getting a decision, if you do...

 

 

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