Are there any potential problems with backdating of the WRAG component if the client remains on Income Support whilst waiting for an ESA appeal?

Hi

I have a client who is about to complete an SSCS1 to appeal a decision that he is not entitled to any ESA.

Normally the client would claim ESA at the assessment rate whilst they are waiting for their appeal to take place.  However, the client is receiving Carers Allowance and Income Support at the moment and is keen to not have the hassle of changing benefits whilst he is waiting for his appeal to take place.  He would have the same money whilst he is waiting for his appeal to take place either way. If the client won his ESA appeal is there any possibility of the DWP refusing backdating of the WRAG?

Thanks

No there shouldn’t be any issues. effectively a successful outcome of an ESA appeal will mean that the decision to cancel the claim will be revised meaning that the ESA will become a continuous claim.

What will then happen is when calculating the amount of backdated money due, the amount that has been paid through Income Support will be offset leaving the amount of backdated WRAG/Support Group as the amount that is actually paid.

The only possible issue which I have had once or twice is the closing down of the IS claim when this happens, less of a problem when JSA is the benefit being claimed as people tend to stop going to sign on/close their JSA claim down pretty quickly after a succesful outcome at appeal.

Hope this helps