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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Back pay after successfully appeal to Sch. 3

Lawtcrav
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Halton Disability Advice & Appeals Centre

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Joined: 3 June 2013

Client on £140.00 pw CBESA before knocked off, wins appeal to support group. Back pay restricted to basic ESA plus support element £105.00 pw.  My opinion is that client entitled to £140.00 per week. Am I correct?

Tom B (WRAMAS)
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WRAMAS - Bristol City Council

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Lawtcrav - 04 August 2013 04:30 PM

Client on £140.00 pw CBESA before knocked off, wins appeal to support group. Back pay restricted to basic ESA plus support element £105.00 pw.  My opinion is that client entitled to £140.00 per week. Am I correct?

If the appeal process exceeded 365 days and they are now in receipt of irESA then they will have lost the transitional addition…?

Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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Was the increased payment a Transitional Addition? If so, I don’t see why the tribunal’s decision wouldn’t restore it to him effective from the original date.

SI 2010/1907, 21(2) seems relevant:
(2) Nothing in paragraph (1)(b) prevents reinstatement of a person’s entitlement to
a transitional addition following the reversal on appeal of any determination which
results in termination of the person’s entitlement to which that provision refers.

And just for example, for a conversion decision, guidance says: http://www.dwp.gov.uk/docs/dmgch45.pdf

45704
[...] The FtT’s decision on conversion should be implemented as normal (see DMG Chapter 06 for guidance on implementing FtT decisions). This allows the claimant to be awarded a TA where appropriate.
1 ESA (TP, HB & CTB)(EA)(No. 2) Regs, Sch 2, para 15; ESA Regs, reg 147A(6)