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Support group back payment??
- Suz
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9 years 5 months ago #125910 by Suz
Support group back payment?? was created by Suz
Hi all, I wondered if someone could advise me. I recently had my decision overturned. I was on esa contribution based for nearly a year and only on the basic rate. I wrote to the DWP on the 18th of June as my health had detereated and I requested to be put into the support group. 3rd July my contribution based esa finished and didn't qualify for any other benefit. I had a letter to attend an atos medical on the 14th August.I attended the atos medical and was placed in the WRAG group. I had a back payment from the last couple of months where I should have been on the WRAG rate and not basic £70 a week. I requested a mandatory reconsideration and was placed in the support group. My query is I telephoned today to see what's happening with my payments and they have only back dated my ESA support group to the 1st September which wAs when they made the WRAG decision. I reported a change in my health and requested to go in the support group on the 18th June which was before my ESA expired. Am I entitled to a back payment from the date my ESA finished. I spoke to DWP today and they have confirmed there is a gap in my payments from 4th July - 1st September but he said it could be an error and they are calling me tomorrow. I have had no benefit since the 3rd July. Do you think I am entitled to have aback payment from the date that I reported the change?
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- Gordon
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9 years 5 months ago #125912 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Support group back payment??
Suz
If I am reading your post correctly, you were originally receiving the ESA Assessment rate of around £70 per week (following a new claim for ESA), when you reported your Change of Circumstances, were placed in the WRAG after an assessment which was then overturned by an MR to place you in the Support Group.
This is complicated so my initial advice is that you speak to a trained advisor, do an internet search for "welfare advice" with your postcode, town or county.
The issue is that if the above is correct, then the assessment you had and the Decision that resulted from it relate to your original claim for ESA not the request for a Change of Circumstances, as you had not been placed in a group at that point there was nothing to supersede by the CofC.
This being the case then I believe your SG status should in fact be backdated to week 14 of your claim, not when your reported the CofC, however, this may be difficult for you to argue on your own, which is why I recommend your getting face to face advice.
The forum has closed to new posts for the evening, so if you have any questions on the above or I have misread your post then please post again when we are next open (2pm-4pm and 8pm-10pm).
Gordon
If I am reading your post correctly, you were originally receiving the ESA Assessment rate of around £70 per week (following a new claim for ESA), when you reported your Change of Circumstances, were placed in the WRAG after an assessment which was then overturned by an MR to place you in the Support Group.
This is complicated so my initial advice is that you speak to a trained advisor, do an internet search for "welfare advice" with your postcode, town or county.
The issue is that if the above is correct, then the assessment you had and the Decision that resulted from it relate to your original claim for ESA not the request for a Change of Circumstances, as you had not been placed in a group at that point there was nothing to supersede by the CofC.
This being the case then I believe your SG status should in fact be backdated to week 14 of your claim, not when your reported the CofC, however, this may be difficult for you to argue on your own, which is why I recommend your getting face to face advice.
The forum has closed to new posts for the evening, so if you have any questions on the above or I have misread your post then please post again when we are next open (2pm-4pm and 8pm-10pm).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Suz
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