Dwp is refusing to give me any backpayment as my first claim was refused because the person helping me with it sent it too late! The appeal was also late so I had to start a new claim and because it’s a second claim there refusing backpayment. My slam was stopped in March. Is there anything I can do?
As I understand your post, your form was returned late and your claim closed, you then made a new claim and the DWP are refusing payment of this.
If the above is correct then you have been given incorrect information as to why payment has been refused.
The refusal to pay is linked to your failure to return the form not because you have made a second claim payment cannot be made for six months following the Decision to close a claim for this reasons. So if your claim was closed in March then you should become entitled to the Assessment rate at some time in September although you may need to press the DWP to do this as what you have been told to date indicates that they do not understand the situation properly.
For completeness, you are not entitled to the ESA Assessment rate in regard to your appeal as you were not found Fit for Work but rather treated as being Fit for Work.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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