Can the work-related activity component be backdated for Income Related ESA when husband claimed Income Based JSA when the client was appealing?

Hi

A client of mine has won an appeal for Contribution Related Employment and Support Allowance and she was awarded the work-related activity component. However, this has not left her any better off because the increase in her Employment and Support Allowance is being deducted from her husband’s Income Based JSA and JSA does not have a work-related activity component.  We are able to solve this problem for her future payments by withdrawing her husband’s JSA claim and them claiming ESA as a couple.  However, the department are refusing to backdate the work-related activity in the applicable amount.  Is there anything we can do about this?

Thanks

Unless you can get the JSA entitlement superseded due to the ESA award, assuming they were a couple right the way through. If it was withdrawn/terminated/superseded in line with the ESA award there would be the case of an overpayment of JSA but they would be better off overall. Maybe an appeal against the end date of the JSA?

Thanks for your help.  Unfortunately, we can not get the money backdated because the husband was claiming Income Based JSA before the client started claiming Contribution Based ESA.  We therefore have no grounds for supersession.

Thanks for your help Jan.  The department have accepted that she is entilted to arrers of her Contribution Based ESA.  However, even with the work related acitivity component her Contribution Based ESA is less than her applicable amount for the period that her husband was claiming Income Based JSA.  Therefore for the backdated period she is no better off.