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ESA - Backpayment

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5 years 10 months ago #213751 by rubyjayden
ESA - Backpayment was created by rubyjayden
Hi Gordon

I would like some advice please. I asked for a Mandatory Reconsideration for ESA after being awarded 0 points points for my WCA, the decision was overturned, I was placed in the work related activity group.
I did not claim any other benefit whilst I was waiting for the MR to be decided, I received their decision dated the 21st May.
I am deciding whether to appeal to the tribunal for the support group, I have been awarded this since ESA came into force, and previously incapacity benefit.
The question I would like to know is when should I receive backpayment of ESA and will it be with the work related activity component payment?
I have tried numerous times to get through to them, I have been on hold for one and a half hours, its so annoying.
Many Thanks
Louisey

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5 years 10 months ago #213775 by Gordon
Replied by Gordon on topic ESA - Backpayment
louisey

It usually takes the DWP 5-8 weeks to process a Tribunal result, it's worth your contacting them to confirm they have the Decision Notice.

You are entitled to back payments of the diffrence between the WRAG and SG rates (about £6/week) plus any Premiums you are entitled to.

Gordon

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5 years 10 months ago #213785 by rubyjayden
Replied by rubyjayden on topic ESA - Backpayment
Hi Gordon
Thank you so much for your prompt response. I have not been to tribunal as yet. I did a mandatory reconsideration request after my work capability assessment because I scored 0 points. ( I was reassessed in March this year previous to this assessment I was in the support group for many years) my conditions have not changed.
I received the mandatory reconsideration notice on the 21st May this year, and the decision was changed they placed me in the work related activity group.

My question is I did not claim any other benefit (i.e JSA or Universal Credit) whilst I was waiting for the outcome of the mandatory reconsideration request, will I get backpayment from the day they stopped my ESA payments and found me fit for work (from the beginning of April up till now) also would I have to send them Fit Notes for this period of time.

Apologies for the confusion I would be most grateful to hear back from you, take care.
Many Thanks

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5 years 10 months ago #213796 by Gordon
Replied by Gordon on topic ESA - Backpayment
louisey

Sorry it was my fault for not reading you post properly.

So I assume this was a new claim for ESA made after March 2017.

This being the case then you are entitled to back payment of the ESA Personal Allowance, about £70 per week, from the day after your ESA stopped until your ESA went back into payment.

Gordon

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5 years 10 months ago #213874 by rubyjayden
Replied by rubyjayden on topic ESA - Backpayment
Hi Gordon
Once again thanks for your prompt response, it was not a new claim for ESA I was in the support group on contributory ESA up until I was sent an ESA50 to complete I then went for an assessment in early March, the HP gave me 0 points for every descriptor, they then stopped my ESA and said I was fit for work. I then asked for a Mandatory reconsideration and they put me into the work related activity group.

So would they not have to pay me the work related activity component which is about £101 per week in back payments? from the day they stopped my ESA payments?


Many Thanks for all your time.

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5 years 10 months ago #213884 by Gordon
Replied by Gordon on topic ESA - Backpayment
louisey

Then they would also have to pay the WRAG component.

Gordon

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