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ESA Appeal prep - access to ESA once appeal filed

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7 years 2 months ago #177514 by IlonaM
I am currently preparing for an ESA appeal and am confused by a paragraph in the DWP bundle regarding benefit arrears:

'We respectfully advise the court that where the claimant is due arrears of benefit and has already received payment of the same or a different benefit under an award, the amount paid under the first award for a period covered by a subsequent award must be offset against the total amount due under the second award and treated as properly paid on account of the arrears up to a maximum of the amount previously paid. Social Security (Payment on Account, Overpayments and Recovery) Regs 1988 reg 5(1) and (2)'

Since my award of ESA (support group) was stopped in June I have not received any benefit other than DLA and Housing Benefit. I did not apply for JSA on the ground that I cannot work and am signed off. I requested the payment of ESA as soon as appeal submitted and acknowledged by Tribunal Service.

Is this a paragraph that DWP put in all appeals or do I need to respond to it and, if so, how should I address the non-payment of ESA after submission of appeal?

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7 years 2 months ago - 7 years 2 months ago #177532 by slugsta
Hi and Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

Don't worry about that paragraph in the DWP submission. This simply means that any ESA backpayment would be reduced by anything you have already received, be this ESA or JSA.

Now that the Tribunal Service have accepted your appeal, you can ask DWP to start paying you the assessment rate of ESA if you wish. This would not have to be repaid if the appeal does not go in your favour.

Have you had a look at our ESA and appeal resources?

ESA claims and appeals

ESA mandatory reconsiderations and appeals

You might find this video helpful



May I suggest that you bookmark/favourite this on your web browser now so that you can find it easily in future? This will allow you to return with further questions or comments about your appeal without having to start a new topic each time. We ask members to keep everything relating to the same claim in one topic as it helps us enormously - and I hope you will find it useful too :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 2 months ago by slugsta.

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7 years 2 months ago #177551 by IlonaM
Thank you for your advice. I have been a member for awhile, but this is my first post. I was rather confused by the paragraph as I have not received anything (despite request). I am preparing submissions at the moment and the guides have been very helpful.

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7 years 2 months ago #177559 by slugsta
I'm glad you are finding the guides helpful :)

Have you submitted fitnotes ( sicknotes, GP certificate) to cover the dates for which you want payment? If not, you will only get paid when DWP receive these. If DWP have these already and have still not paid you, you will need to contact them to find out what is happening.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 2 months ago #177584 by IlonaM
Yes, I have been submitting them since the decision in June. Is it worth also putting them in my appeal bundle. The DWP has included one of them in its bundle.

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7 years 2 months ago #177586 by slugsta
DWP's bundle should include a copy of everything they've got. If anything is missing, send a copy to the Tribunal Service and explain that it was missing from the DWP bundle.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: IlonaM

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