ESA backdating and a qualifying benefit

My client was recently awarded the enhanced rate of daily living of PIP backdated to June last year.  He lives alone and no-one gets CA for him.  In February they finally put him into the support group but before that he had been living on basic cESA only.  At the time we filled in another application form with income details to ensure the edp would be paid.  I’ve now asked for the sdp and edp to be backdated to June 13 but they are saying they will only consider to Feb.  Do I need to check the circumstances of the original cESA claim and award or does he have the right to request the backdating anyway as some ESA was in payment?

This looks like a classic example of JCP inisting that a person must claim CESA separately than IRESA which has long been held to be nonsense.

They can supersede the CESA award to include IRESA at any time on grounds of ignorance of material fact; i.e. that your client was entitled to PIP.

I’d make the application and chase a recon when they refuse it. They’ll usually back down.

Stay away from words like “backdate” it’ll only confuse them. Probably best to remind them that the Welfare Reform Act 2007 awards a single benefit; ESA not two spearate benefits, S1 et seq applies.