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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA - DWP refuse to backdate

BenB
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Enterprise and Innovation, Leonard Cheshire Disability

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Total Posts: 1

Joined: 21 September 2015

Hi,

I have recently assisted a cl with a mandatory reconsideration (MR) as following the completion of an ESA3 form, the DWP have refused to backdate Income Related ESA (IRESA) to the date the cl became entitled to PIP (except for one month). The cl has been entitled to PIP since 2013.

The MR was not successful. I have previously had a number of other client’s that have had IRESA (SDP) backdated a number of years without issue after completing an ESA3 or SDP form.

In MR, I emphasised that ESA is a single benefit and separate claims are not needed for contributory and income-related ESA and pointed out tribunal decision, CE/4181/2013 - Reported as [2015] AACR 14 (http://administrativeappeals.decisions.tribunals.gov.uk//Aspx/view.aspx?id=4349).

The DWP responded to MR that cl did not “claim” IRESA until ESA3 was returned. They also refused revision request and stated that supersession could extend benefit claim by one month.

Is there anything else that should be included with appeal?

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Total Posts: 2262

Joined: 15 October 2012

If your client was entitled to ESA when PIP was awarded then the PIP award was a notifiable change of circumstances and additional premiums would only be payable from the date of notification unless there were grounds to treat the supersession as having been made earlier.

Long backdates of SDP/EDP tend to arise either due to an award of CESA only being made on a new claim or on migration from IB where PIP/DLA was in payment when ESA was awarded.