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Puzzled as to when time limited ESA is not time limited
I am puzzled by a situation I am dealing with today and some appeal papers I am looking at. Client was on Incap since 1999, migrated to ESA and put in WRAG in 2012. Appealed to go into SG, waiting for Tribunal. The puzzling bit for me is that he is clearly receiving Contribution Based ESA (would not be entitled to IR) but the 365 days time limiting has not been applied.
The Sec of State Response in the appeal papers says that:
“On xx/xx/2013 X’s contributory based ESA exhausted but after checking departmental records it appears that X is still in payment of ESA contribution based”
This was nearly a year ago. Does this mean that the DWP has just forgotten to apply time limiting and even when they have spotted this fact not bothered to correct it? Or could there be an alternative explanation?
edited for missing word
I’ve come across it. It was subsequently rectified. No letter, of course, just a click of the button and the adjustment of payment.
May be DWP realised that client should have been on SG in the first place and has every chance of winning his appeal.
I think Edmund has the rights of it.
I’ve come across it a couple of times too. Last time the client concerned was (luckily) placed in the SG by the FTT but on the other occasion the client was placed in the WRAG (DWP picked up on the error at that point but didn’t try to argue the resulting overpayment was recoverable).
I’ve come across it. It was subsequently rectified. No letter, of course, just a click of the button and the adjustment of payment.
By ‘adjustment of payment’ I assume that you mean termination of payments?
I remember querying this some time ago on this site and view was if claimant found fit for work whilst on ESA cb., during the appeal process it continued to be paid as a cb benefit even if the waiting time took payments over 365 days. But yes, agree if it has stopped due to the 365 days then only an successful appeal will result in payment of arrears due.