SDP Backdating

I have a client who has been awarded Middle Rate DLA going back over a year. During this period he was transitioned from Incapacity Benefit to ESA.

The DWP refuse to backdate beyond the start date of the ESA change.

I have appealed this but cannot find any supporting legislation to back up the backdating claim beyond the obvious of it being a qualifying benefit.

Any help would be gratefully recieved.

Was he on Income Support before he migrated to ESA?  Had he claimed it unsuccessfully (i.e. refused because income was at that time above the applicable amount)?

These facts will determine whether this is a superseding decision, any-time revision or just bad luck

Your client would have had to make a claim for income support when making the initial DLA claim. the IS claim at that time would have been refused because the income (ie incapacity benefit) would have been more than the applicable or appropriate amount. There would be no SDP included.

However once the award of DLA is made, then the SDP becomes part of the applicable amount for IS purposes so the initial decision refusing IS can be reviewed/superceeded.

Ah, thats therefore the problem, obviously not knowing what rate of DLA would be recieved, he didnt make a claim for IS as well as IB! Seems that he has lost out then.