backdated payments

gerry wrote: hi gordon. its been an ongoing claim since sept 13. i got in touch recently to ask about my backdated benefits. they said i went to an appeal feb 15 and was disallowed. i instantly appealed again. got a mr off the job centre and continued again until nov 15 when i went to the tribunal and i was granted the decision. ive been constantly having to reclaim housing benefit, cos my claim closes re-opens. its been how one person has called it. the revolving door. im now considering going to an MP.

Notwithstanding Foss's comments.

You say a Tribunal disallowed your claim in February 2015 but you then appealed this, could you explain what you mean by this. You can only appeal a Tribunal Decision on the basis of an Error of Law? not because you disagreed with the Decision.

Your post suggests that in fact you requested an MR from the DWP, this would not have overridden the Decision of the Tribunal and I'm actually unclear as to why the DWP would have entertained a new MR given that a Tribunal had taken place.

If you did not appeal the Tribunal Decision then your claim would have been ended from the date of the Decision appealed. Did you make a new claim for ESA in February or even late March or April of last year or shortly after?

If you did then you would have been subject to 13 week Assessment period and any back pay would only be payable from the beginning of week 14 of your claim.

Gordon

gerry wrote: ive been requesting a full timeline of my mandatory recons from august 2013. to december 2015. ive been promised a full breakdown for 3 months now. nothing. i was informed i was disallowed and made a new claim!! i didnt realise this. however, if an independent tribunal upholds my decision,isnt my disallowance then, null and void?

I'm sorry but we cannot work out from your posts what has happened with your claim.

My best guess from what I can see is, you had an ESA claim with your girlfriend, either this initial claim was refused or you were re-assessed and found Fit for Work, you appealed this and the Tribunal upheld the DWP's Decision.

As far as we can see, you then made a new claim for ESA which I assume is what you are now receiving. If this is correct then as it is a new claim you have no entitlement to back payments prior to week 14 of this claim. The two claims, the one that was refused and the one that you are now being paid on are totally separate from each other.

Gordon