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Backdating New Style ESA

 

Income Max
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Which set of rules applies to backdating new style ESA - UC rules or old style ESA rules?

CPAG book states that new style ESA follows UC rules for getting paid benefits (including overpayments, claimant responsibilities and sanctions), but doesn’t specifically mention backdating rules. There’s no source given for this in the CPAG book and I haven’t been able to find the relevant regs.

It will make a big difference to claimants as if UC rules apply then backdating is max 1 month and only if specified circumstances apply, whereas if old style ESA rules apply then backdating is max 3 months and no specified circumstances needed.

     
Andyp5 Citizens Advice Bridport & District
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Income Max - 15 May 2018 04:07 PM

Which set of rules applies to backdating new style ESA - UC rules or old style ESA rules?

CPAG book states that new style ESA follows UC rules for getting paid benefits (including overpayments, claimant responsibilities and sanctions), but doesn’t specifically mention backdating rules. There’s no source given for this in the CPAG book and I haven’t been able to find the relevant regs.

It will make a big difference to claimants as if UC rules apply then backdating is max 1 month and only if specified circumstances apply, whereas if old style ESA rules apply then backdating is max 3 months and no specified circumstances needed.

Phillipa the 3 month backdating for new style ESA references below

Reg 28 UC etc (C&P) regs 2013 UC Sweet & Maxwell volume 5 page 764

CPAG 2018/19 chapter 30 page 647

     
Income Max
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Excellent. Thanks Andy.