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ESA presented as two different benefits
Just wondered if people are still having the old problem whereby JCP say that ESA is ‘two diffiernt benefits’ and refuse to pay IR arrears back to the supersession date of a qualifying benefit (SDP in this case by virtue of DLA)?
I thought the policy was to send out an ESA3 when the change of circs was notified.
I believe that arrears can be backdated to when the change occurs and not only one month back from when change is notified - this can be the DWP’s response. We have had a couple of successful appeal on this issue and it has nothing to do with good cause as far as I am concerned.
ESA is not two bens - a claim is a claim essentially as the regs do not split ESA claims into a conts based claim and a IR claim.
If any backdate is not back to the date you expect- appeal it.
For those fairly new to this site, this has been discussed on here many times. Here’s just one example.
The worrying bit is that JCP responded to an MP’s letter with the wrong interpretation - which I’m pursuing now now. Was wondering if it is still a widespread problem. Thought it might have been sorted by now.
I have a client still on IB and i picked up that his SDP wasnt in place.
Unfortunately the only way round this is to claim Income Support as a SDP top up as ESA conversion hasnt happened yet, and although his SDP was claimable for 18 months i can only hope for 3 months backdate, as its a new income support claim.