Hi, I had an adverse decison in June 2011 (fit for work)had my tribunal on 22nd May this year and failed (partly my fault)put in a new esa claim the following day as I cannot apply for JSA. Rang them today to see if my claim is being dealt with yet to be told they cannot find my claim (recieved by them on 26th of this month) so someone will call me back when they have checked. I was told that I cannot however put a new claim in until 6 months following the tribunal decision, I told them that was incorrect, it's 6 months following the original decision by the DWP but they insist they are right. Can someome tell me who is right please. Also, they are still paying me due to not having recieved the tribunal decision yet, I have not touched the money even though I am desperate, they say they will keep paying me until they hear from the tribunal and that I can use the payments, they will not demand it back (which I don't believe for one minute.
The tribunal, in effect, re-makes the first decision and any pay is backdated to the date of the first decision -s you are correct about the 6 month rule.
The DWP are not supposed to try and reclaim money overpaid if it was their mistake - but I can understand your suspicion, especially as nothing else seems to have gone smoothly for you!
Nothing on this board constitutes legal advice - always consult a professional about specific problems
