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EDP refusal but not due to conversion
Ok, I will keep it brief. Client claimed ESA in June 2013. She was awarded ESA(CB) due to NI conts from years of employment. She was placed in the WRAG effective from 11 October 2013. This decision was appealed and she was placed in the Support Group instead. Before the appeal was heard (Feb 15) her ESA (CB) 365 day limit expired and ESA (IR) was paid from June 2014.
ESA have paid the EDP from the date her ESA(IR) began but not from 11 October 2013 stating that it cannot be paid with ESA (CB).
I have written to Glasgow BPC quoting caselaw and DM Guidance but they will not budge. I have appealed cases successfully when premiums have been missed on conversion but not when someone’s ESA (CB) ran out.
We have not yet asked for an ESA 3 as ESA(IR) is in payment - I guess we could ask for 3 mths backdating from the date ESA(IR) was awarded but surely the EDP should be paid from 11/10/13.
Help!
You might find this decision helpful -
- it may depend whether the claimant ‘waived’ the need for the SoS to assess irESA when she first claimed by ticking the box for contributory only.
I quoted this case and the DM guidance but they are not budging…
Thinking about it when the appeal was successful it was the decision that took effect in october 2013 they were changing - not the decision in June 2014 - so to apply irESA from that date seems nonsensical.
I think you will just have to appeal the decision to only pay from June 2014 - frustrating!
It looks that way. Am trying to get a response in writing to my letter from ESA.
Time to escalate maybe? Have you got the escalation numbers?
Not for Glasgow - could you send them? Thanks so much.
Do they include emails?
no - only phone numbers I’m afraid - do you want me to message them to you?
Yes please & thanks so much.
done :)
Hi - I have 2 cnversion cases where EDP has not been included in the assessment. i have completed ESA3’s but backdating has only been granted for 3 months.
Anyone successfully appealed?
CE/4181/2013
[2014] UKUT 480 (AAC)
This case is useful as it argues that ESA is one benefit and not two and that premiums should be paid from date of conversion…
I saw this thank you and have printed it to send with appeal. It is so difficult to find relevant legislation… CPAG’s handbook quotes Regs 3(&) and 6(2)(e) SS & CS (DA) but I can’t find the detail. It relates to there being no time limit on backdating premiums.
I have used this line of argument and have been told by DWP that they will not apply the case law until ESA guidance has been changed. I would have thought that case law was more persuasive than guidance. Also, taking that approach surely just gives them an incentive not to change the guidance at all…..