ESA C - IB backdating rules?

I have a client who was transferred from IB to ESA back in 2012 and went straight into the Support Group - unfortunately until 12/15 when I met her she had not claimed the Income Based top-up she was entitled to.

I completed an ESA3 with her though the DWP refused to backdate this at all - I have appealed this decision and it is going to tribunal on the basis that the DWP sent the client out an ESA3 back when she originally transferred that the client didn’t return. They also sent another application 12 months later when she got in contact with them about the amount of benefit she was receiving.

On reading up a bit on backdating in these circumstances it would seem the DWP refuse this if they have given the client prior chance to claim the top-up and have fulfilled what is expected of them by sending out the application.

Has anyone had any success with an appeal of this type? In the past I’ve had no real difficulty getting the backdating, this is the first time I’ve had it refused and ended up going to tribunal.

Try looking at CE/4181/2013 as it states clients don’t have to make separate claims in addition to this we find that the letters that clients receive making reference to Income related amounts on their award notices can be misleading.as it rarely includes the EDP I know my colleagues have had some success where EDP has been missed off the original award notice.

Have a look at this thread:

http://www.rightsnet.org.uk/forums/viewthread/5928/P30

....particularly at #33 where my colleague posted a copy of the DWP’s own internal guidance that may get your DWP stuck-in-the-mud to see sense.