Am I entitled to back pay after appeal for esa

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Hi everyone

I yesterday won my appeal for esa and was placed in the support group,i didnt even enter the court room the judge came into the waiting room and said we dont need to speak to you you have won your appeal against the sec of states desicion of 03/03/16.

I made the claim on the 26/02/16 but after being turned down I was told I would have to claim jsa in the interim they said as i appealed against the wrong desicion i couldnt claim esa under appeal. In any case now that the desicion as been set aside by the tribunal am I entitled to the support rate of esa that i have missed out on since my claim was turned down back un febuary id just like to add i was getting a extra £15 a week on top of jsa because i was recieving pip.

Regards

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5 Replies

  • Posted

    Hi Gareth for the first 13 weeks ESA is paid at the assessment rate. After 13 weeks you were entitled to £109.10pw. You were receiving JSA @ £71.10 so that would be deducted from the £109.10 and the difference is owed to you in back benefit.

    I have done a quick calculation and I believe you are owed 10 weeks back pay up until today.

    The £15pw Income Support top up is not affected you will still get that and it won't be taken into consideration against the back pay.

    BTW 10 weeks is around £300

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    • Posted

      Thanks for that Anthony, what happened was I placed a claim for esa on 26th september 2015 I had a work capability assesment on November 30th 2015 which I was told I didnt score enough points. I was really disappointed but my partner had a really well paid job so we survived on her wages then my partner finished work in Febuary and I made a new claim for esa on 26th Febuary 2016 I got a letter a week later (7 days) dated 04th March stating they can not pay me esa at all from the 26th feb due to me failing the work capabilty assesment on Nov 30th which was for my previous claim made on Sept 26th 2015 but now the tribunal has set aside the decision on 04th March am I entitled to all that back pay from 26th Feb until 15th Aug?

      I know its abit complicated sorry.

      Regards....

      Gareth

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    • Posted

      Hi Gareth I would imagine that you are not entitled to the full back dated benefit.

      When you applied for ESA in September 15 and refused in November 15 you had 28 days to appeal the decision, which you appear to not have done so. Therefore that claim would have been closed down.

      You made a fresh application in Feb 16 and this was turned down because it was within 6 months of your previous assessment. This time you did appeal and were successful.

      However, the 7 waiting days and 13 week assessment period would have applied because it was a NEW claim. So the back pay is probably the 10 weeks I referred to earlier.

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