backdated esa after mandatory reconsideration

I see that the esther mcvey hs said that esa can be backdatde to the decision date once claimant has appealed. is there any official DWP Guidance on this yet ?
as JSA is likelty to take as long to get intopayment as the ESA recon it looks like best advcei would be to wait until after the recon then appeal and ask for backdatde ESA !!!

SocSec - 09 January 2014 10:12 AM

I see that the esther mcvey hs said that esa can be backdatde to the decision date once claimant has appealed. is there any official DWP Guidance on this yet ?
as JSA is likelty to take as long to get intopayment as the ESA recon it looks like best advcei would be to wait until after the recon then appeal and ask for backdatde ESA !!!

see http://www.rightsnet.org.uk/forums/viewthread/5730 for the procedure as provided by IDS. I am not aware of any guidance (DMG Memo etc) having been issue.

The advice you give may depend on how good your crystal ball works (how long will it take to process and pay the JSA claim and then reinstate and pay the ESA claim once an appeal has been made and notified back to DWP by HMCTS and any med cert required linked to that claim/appeal).

I may not be very bright but this IDS guidance does not answer the point as far as I can see, it sems to suggest payment will only be backdated to date appeal lodged ,but the information from esther mcvey contradicts that.
will payment be backdated tot he date of the ESA being terminated once an apepal is lodged.

from my experience mandatory recons are taking 10 days but JSA claims more like 3 weeks !!!

My (limited) understanding was that existing rules continue to apply… Mandatory recon simply delays how long it is before the appeal is accepted and processed and so delays determination that clt can be treated as having LCFW. So long as med3 certs provided for that period and no alternative benefit claimed in meantime, clt would be treated as having LCFW from date of original decision until decision issued by tribunal. *dont have access to legislation at present moment so if anyone can confirm ewither way this would be appreciated.

I guess mandatory reconsideration is likely to vary from person to person depending on whether phone calls to clt from JCP picked up, how quickly recon request made, whether further evidence is promised during call from JCP to clt, whether further evidence is forwarded on etc.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/264915/appeals-process-changes-q-and-a.pdf

page 11 and 12 discuss potential delays to process resulting from phone call/further evidence. Again I guess it will be worth advising on a case by case basis depending on what further evidence is immediately available and how useful it will be in enabling DM to change decision.

many thanks, it looks a little like esther mcvey was just clarifying the position rather than any substantive change change,

The trouble is DWP are as much in the dark , I have had 2 cases in past 3 weeks where claimants have been told they would notget ESA pending appeal in any circumstances and were told to claim JSA or get nothing, both claimed JSA and I had to get my local jobcentre to close JSA claims and get them back on ESA as both have lodged appeals.

here’s the latest from esther mcvey -

confirms that esa can be paid and backdated to date of termination decision once appeal made -

‘Where an employment support allowance award terminates because someone does not have limited capability for work following a work capability assessment, it will be reinstated only after there has been either (i) a successful application for mandatory reconsideration or (ii) the mandatory reconsideration is unsuccessful and the claimant has lodged an appeal with Her Majesty’s Courts and Tribunals Service (HMCTS). For the former reinstatement will be from the date of the termination decision; for the latter, once the Department has been advised by HMCTS that an appeal has been made, ESA can be reinstated in which case it would be backdated to the date of the termination decision. In either situation, if any other benefit has been received in the meantime, for example, jobseeker’s allowance, this will be offset against the employment and support allowance due.’

here’s a link to yesterday’s hansard -

http://www.publications.parliament.uk/pa/cm201314/cmhansrd/cm140114/text/140114w0003.htm#140114108000053

See DMG 42453