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Re-imbursing ESA during Mandatory Reconsideration
- Mathew
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7 years 3 weeks ago #185784 by Mathew
Re-imbursing ESA during Mandatory Reconsideration was created by Mathew
I am getting confused by the guides. Please can you clarify for me, hypothetically:
1. 1st May 2017 (for, eg), my ESA reassessment is negative, payment of my ESA basic (£73) and ESA WRAG component (£29) stops. I lodge my MR.
2. Throughout May the MR takes place and I receive a refusal letter at the end of May. Throughout this time I have not claimed JSA.
3. 1st June 2017, I lodge my appeal, my ESA claim restarts (at assessment phase rate of £73 until my appeal is heard).
Question 1: At that time, can I ask to be backpaid ESA (at assessment phase or otherwise) for the month of May?
4. Months later, my appeal is successful and I ask to be repaid my WRAG component for the time since I lodged my appeal (1st June).
Question 2: At that time, can I ask to be backpaid ESA (at assessment phase or otherwise) for the month of May?
1. 1st May 2017 (for, eg), my ESA reassessment is negative, payment of my ESA basic (£73) and ESA WRAG component (£29) stops. I lodge my MR.
2. Throughout May the MR takes place and I receive a refusal letter at the end of May. Throughout this time I have not claimed JSA.
3. 1st June 2017, I lodge my appeal, my ESA claim restarts (at assessment phase rate of £73 until my appeal is heard).
Question 1: At that time, can I ask to be backpaid ESA (at assessment phase or otherwise) for the month of May?
4. Months later, my appeal is successful and I ask to be repaid my WRAG component for the time since I lodged my appeal (1st June).
Question 2: At that time, can I ask to be backpaid ESA (at assessment phase or otherwise) for the month of May?
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- Gordon
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7 years 3 weeks ago #185834 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re-imbursing ESA during Mandatory Reconsideration
Mathew
When an appeal is accepted by the Tribunal Service and the DWP have received notification of this, then the claimant can claim the ESA Assessment rate providing they can provide Fit Notes to cover the period. If they did not claim JSA then the Assessment rate can be backdated to the day after the Decision that they were Fit for Work.
If they go on and win their appeal then they will receive back payment of the difference between the Decision rate and what they have actually been paid from day after the date of the Decision appealed.
Gordon
When an appeal is accepted by the Tribunal Service and the DWP have received notification of this, then the claimant can claim the ESA Assessment rate providing they can provide Fit Notes to cover the period. If they did not claim JSA then the Assessment rate can be backdated to the day after the Decision that they were Fit for Work.
If they go on and win their appeal then they will receive back payment of the difference between the Decision rate and what they have actually been paid from day after the date of the Decision appealed.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Dollytrigger
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7 years 3 weeks ago #185879 by Dollytrigger
Replied by Dollytrigger on topic Re-imbursing ESA during Mandatory Reconsideration
If my MR is not overturned and once my appeal is lodged, does the ESA assessment rate get topped up by the SDP premiums i received before when on ESA and am now receiving on JSA? If the top ups are not available while waiting for hearing on ESA its going to almost half what i receive currently with JSA. Worried.
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- Gordon
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7 years 3 weeks ago #185888 by Gordon
The Premiums are payable with the ESA Assessment rate with the exception of the Disability Premium which is not payable with ESA so you need to take this into account before you decide to go back onto ESA.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re-imbursing ESA during Mandatory Reconsideration
Dollytrigger wrote: If my MR is not overturned and once my appeal is lodged, does the ESA assessment rate get topped up by the SDP premiums i received before when on ESA and am now receiving on JSA? If the top ups are not available while waiting for hearing on ESA its going to almost half what i receive currently with JSA. Worried.
The Premiums are payable with the ESA Assessment rate with the exception of the Disability Premium which is not payable with ESA so you need to take this into account before you decide to go back onto ESA.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Dollytrigger
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