Backdating ESA after cl failed to attend WCA ...

Have a cl who failed to attend WCA earlier in the year. 
They did not give reason for non-attendance but reclaimed ESA approx. 6 weeks later on the same grounds. 
Cl did not receive ESA payment until they attended further WCA and we then submitted an appeal on their behalf, upon which jcp put her ESA back in to payment on 23/09/12.
However, cl initially reclaimed ESA after failing to attend WCA 08/06/12.
JCP have stated that they are unwilling to pay cl ESA between 08/06/12 - 22/09/12 unless cl successfully appeals WCA decision.
Is this correct.
Have I made sense.
Any thoughts etc ...

Pete

I think that’s right - legally anyway.  (Presuming that they decided after the WCA that claimant didn’t meet the criteria for ESA which seems to be the situation.)