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

Backdating of ESA / linking rules?

MaggieB
forum member

Dorchester CAB

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Total Posts: 271

Joined: 11 October 2010

Client previously on SDA, migrated onto ESA in Feb 2016, put in WRAG.  She did not challenge at the time

After one year contributory benefit ended. Again she did not challenge this (by challenging WRAG award) and we assume a credits only claim continued. Client’s partner works full time and so they are not entitled to income based ESA.  At some point this year an ESA3 was issued but unclear why

In January this year an ESA 50 was sent to client and due to various problems medical assessment not carried out till May.  Decision received that client is in SG, contributory based single claim from 25th September. DWP have told client they will not backdate to January this year.

The question is can we challenge the backdating?

The award letter states client is entitled to a transitional addition as she was moved from SDA so, as I see it, DWP have linked her NICS back to those years used for original SDA award.

So can we argue? either

1. That entitlement to cb ESA should be linked back to when ESA stopped in Jan 2017 or

2.  That current award should be backdated to when ESA 50 was issued in Jan 2018 or are DWP correct that date of supersession will be when they made decision on capacity for work in Sept 2018

Jane O-P
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Parkinson's UK

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Total Posts: 55

Joined: 31 July 2017

If the WCA was initiated by DWP, not the claimant then I think it can only be paid from the date of decision. See CPAG p1306 regarding when a supersession takes effect. If your client had told DWP that her condition had deteriorated then you could argue that the date she informed of that change was the date of the supersession request and so payment should be backdated to then.

Jane