Hi I transferred from IB to ESA (support group) back in 2011 and was one of the claimants underpaid through the transfer. Today the DWP have replied to my letter to say they will backdate my claim to October 2014 but no further as by law they are unable to pay prior to October 2914 due to section 27 of the social security act 1998. Can anyone shed any light on this? Is this correct? Many thanks Jenny
There is an on-going discussion on RightsNet about this issue, you'll see that it pre-dates the DWP announcement by several years! So much for it being a recently discovered issue.
If you look at the last couple of pages the issue of payments being limited to 2014 has been raised and is generally agreed to be incorrect, however, as of today, no one appears to have articulated why it's incorrect in a format that is arguable with the DWP.
I'm afraid it's a case of watch that space at the moment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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