Income related ESA backdate?

This has been covered before so apologies if the answer falls in the realms of the bleedin obvious. I think im right but just checking.

I have a client who is on CBESA paying £110 a week, and it will convert next week to IRESA due to 365 day thing

The applicable is £141 a week as he is part of a couple. They have only being living on his £110

They were fully unaware of how the system works and have been underpaid 31 quid a week as IRESA should have been considered at the time.

If i complete an ESA3 and ask for the claim to be reconsidered will the money be backdated for a year.

I know new claims only can be backdated 3 months however CBESA and IRESA are one benefit, not two, So i think its backdateable.

Thanks, as always

here’s another thread on this highlighting v helpful recent UT decision CE/4181/2013 -

http://www.rightsnet.org.uk/forums/viewthread/7199/

and here’s a link to briefcase summary of decision -

http://www.rightsnet.org.uk/briefcase/summary/whether-separate-claims-are-needed-for-contributory-and-income-related-esa

Thanks ros. I do seem to keep asking the same question dont i?

Now saved to favourites!

how do I save to favourites??

hi maggie -

you could ‘save to favourites’ in your browser ... in addition you can subscribe to a rightsnet discussion thread from the link at the top of the thread (you then get an email alert when someone adds to it)

...... we also have a little surprise on it’s way in the new year which will also help with this .... more details coming soon!!

cheers - shawn