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Backdated benefit if you win appeal..

  • John
  • Topic Author
13 years 3 months ago #41151 by John
If you win an appeal say for DLA and it is backdated for 1 year, are you entitled from anybody other benefit you could have claimed if the original decision was in your favour?

IE can you claim the severe disabled premium of income related benefit like ESA, the extra premium if payable you would have received for HB etc can this be reclaimed or not?

Thanks

John

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  • Survivor
13 years 3 months ago #41153 by Survivor
Replied by Survivor on topic Re: Backdated benefit if you win appeal..
You can get premiums backdated to when your DLA is awarded from on appeal if the only reason you didn't get it in the first place was because you hadn't been awarded the DLA.

So if you were entitled to ESA/IS on incapacity grounds and your income and capital were such that you could get it, but you didn't get premiums because you didn't get DLA, then when you win your appeal, you can get your premiums paid from the date that the tribunal says your DLA should be paid from (i.e. the date of the original decision).

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