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ESA Backdating - Asmt rate to ESA with supt Group
- Mind
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8 years 2 months ago #151994 by Mind
ESA Backdating - Asmt rate to ESA with supt Group was created by Mind
Please can you help...
I have had the decision overturned not to award me ESA on Mandatory Reconsideration, but there seems to be some confusion as to when they will backdate the ESA with support Group award. I was signed off sick by my doctor in August 2014 and then filled in the pink form in Jan/Feb 2015 I thought that my ESA support group rate should be backdated to around October/November 2014 (ie 12 weeks after being signed off) with the shortfall between the assessment rate and what I am getting now ESA Support Group Award. However they only want to backdate to the date of stopping the ESA at Assessment Rate.
Replies gratefully appreciated
I have had the decision overturned not to award me ESA on Mandatory Reconsideration, but there seems to be some confusion as to when they will backdate the ESA with support Group award. I was signed off sick by my doctor in August 2014 and then filled in the pink form in Jan/Feb 2015 I thought that my ESA support group rate should be backdated to around October/November 2014 (ie 12 weeks after being signed off) with the shortfall between the assessment rate and what I am getting now ESA Support Group Award. However they only want to backdate to the date of stopping the ESA at Assessment Rate.
Replies gratefully appreciated
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- Gordon
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8 years 2 months ago - 8 years 2 months ago #152016 by Gordon
It depends on whether this is the first Decision on your claim or not?
If no previous Decision has been made then you are correct that it should be backdated, this would be to the start of week 14 of your claim.
However, if a previous Decision has been made placing you in either the WRAG or the SG and this was in actual fact a re-assessment then the backdating would only be done to the date of the Fit for Work Decision.
If the information was supplied by the Call Centre staff then it this may be the issue, they often have no understanding of how the benefits system actually works.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Backdating - Asmt rate to ESA with supt Group
Mind wrote: Please can you help...
I have had the decision overturned not to award me ESA on Mandatory Reconsideration, but there seems to be some confusion as to when they will backdate the ESA with support Group award. I was signed off sick by my doctor in August 2014 and then filled in the pink form in Jan/Feb 2015 I thought that my ESA support group rate should be backdated to around October/November 2014 (ie 12 weeks after being signed off) with the shortfall between the assessment rate and what I am getting now ESA Support Group Award. However they only want to backdate to the date of stopping the ESA at Assessment Rate.
Replies gratefully appreciated
It depends on whether this is the first Decision on your claim or not?
If no previous Decision has been made then you are correct that it should be backdated, this would be to the start of week 14 of your claim.
However, if a previous Decision has been made placing you in either the WRAG or the SG and this was in actual fact a re-assessment then the backdating would only be done to the date of the Fit for Work Decision.
If the information was supplied by the Call Centre staff then it this may be the issue, they often have no understanding of how the benefits system actually works.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 2 months ago by Gordon.
The following user(s) said Thank You: Mind
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- Mind
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8 years 2 months ago #152054 by Mind
Replied by Mind on topic ESA Backdating - Asmt rate to ESA with supt Group
Thank you. I will be writing to them to inform them of this. It is the first decision on my claim so it will be the start of week 14.
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