A client of mine has won her ESA appeal and been put in the WR activity group from June 2009 onwards.

She claimed JSA while the appeal was pending but now the DWP are saying that once the appeal was won a separate decision as the the payability of the WR Activity component while she was on JSA and waiting for a hearing has to be made and in her case it has been decided that she was not entitled to the WR activity component from just before Xmas (why then, it doesn't have any bearing on any other part of the case) to two weeks after her appeal was heard. As it has already been paid it has caused an overpayment (although whether this is recoverable is another matter)

This seems to fly in the face of any previous practice, surely the amount of JSA she was paid should just be offset against the amount of ESA the Tribunal has decided she is entitled to. They are sending her letter detailing the legislation used to reach this decision and they are saying she has a right of appeal against it but I am still baffled as to the reasons for the decision. If it is exactly as I have been told then what facts or evidence could possibly be used to justify a new decision, as far as I know she has not had another medical yet, her ESA with the WR activity added is still in payment and she does not need to make new ESA claim either.

Any thoughts?