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ESA and backdating
This should be quick and easy, but I thought I would ask anyway!
I have a client who was sectioned in August 2012 and discharged in August 2013.
He claimed ESA when he was discharged and was given a 3 month backdate to April 2013.
I have tried to explain to the client and his support worker that ESA benefits cannot be backdated beyond 3 months, and i cannot find ANY exceptions in the CPAG bible.
His support worker is adamant that this is grossly unfair (which it is : its a benefits issue!) and wants to know how to get benefits backdated for the other 9 months when he was entitled.
I explained that entitlement can only be in place once the claim is made.
His support worker isnt taking no for an answer and wants every avenue explored.
He wants to appeal but i have informed him that there isnt a legal argument here and his appeal has no merit under law.
I have suggested he puts in a complaint against the hospital, who employ a welfare benefits advice worker to assist service users, as they should have picked up on this when he was originally admitted, and as far as the DWP are concerned I have nowhere to go on this one.
So : Are there any exceptions to the 3 month ESA backdate rules that may apply here??
Thanks, in advance (as always)
[ Edited: 12 Nov 2013 at 03:58 pm by benefitsadviser ]