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Back pay after successfully appeal to Sch. 3
Client on £140.00 pw CBESA before knocked off, wins appeal to support group. Back pay restricted to basic ESA plus support element £105.00 pw. My opinion is that client entitled to £140.00 per week. Am I correct?
Client on £140.00 pw CBESA before knocked off, wins appeal to support group. Back pay restricted to basic ESA plus support element £105.00 pw. My opinion is that client entitled to £140.00 per week. Am I correct?
If the appeal process exceeded 365 days and they are now in receipt of irESA then they will have lost the transitional addition…?
Was the increased payment a Transitional Addition? If so, I don’t see why the tribunal’s decision wouldn’t restore it to him effective from the original date.
SI 2010/1907, 21(2) seems relevant:
(2) Nothing in paragraph (1)(b) prevents reinstatement of a person’s entitlement to
a transitional addition following the reversal on appeal of any determination which
results in termination of the person’s entitlement to which that provision refers.
And just for example, for a conversion decision, guidance says: http://www.dwp.gov.uk/docs/dmgch45.pdf
45704
[...] The FtT’s decision on conversion should be implemented as normal (see DMG Chapter 06 for guidance on implementing FtT decisions). This allows the claimant to be awarded a TA where appropriate.
1 ESA (TP, HB & CTB)(EA)(No. 2) Regs, Sch 2, para 15; ESA Regs, reg 147A(6)