Change of Circumstances- date from which increase is payable

I have not seen the papers for this case yet but as I understand it the situation is as follows;

Client was in the WRAG and as he has capital he was not paid from the 356th day onwards. His condition deteriorated. DWP were notified of this fact in March 2014 but the assessment was not carried out until November 2014 and the subsequent decision was that he remained in the WRAG. He then appealed and a Tribunal placed him in the SG.

DWP are not contesting the decision and are going to pay arrears but only from the date of decision under appeal, November 2014, not to the date that they were notified that his condition had deteriorated, March 2014.

I can’t seem to find anything in either the WR act 2007 or the ESA regs that covers this situation, common sense would suggest that if he was poorly enough to be in the SG from March 2014 onwards then that is when the increase should be paid from, regardless of how long it took ATOS to assess him but I think I am going to need to quote legislation or case law to get the extra arrears- can anyone suggest where I might find some authority for this?

many thanks

I think it’s covered by reg 7(9) of the Social Security and Child Support (Decisions and Appeals) Regs - if you notify a change within a month then decision takes effect from the day you satisfy the conditions of entitlement. So the legislation is there so long as you can show your client did satisfy them back in March 2014. As you say they shouldn’t be penalised just because the DWP were slow to do their own assessment.

Thanks Daphne, that seems to fit the case - all I need now is to see the evidence of when DWP were told & what they were told