ESA Supersession - Regulation 35

Hello, I applied for a Supersession to Support Group last July following a deterioration in health, I am currently awaiting assessment but if successful would I be legible for back pay? Thank you.

Sarah wrote: Hello, I applied for a Supersession to Support Group last July following a deterioration in health, I am currently awaiting assessment but if successful would I be legible for back pay? Thank you.

Hi S,

I gather that you reported a Change of Circumstances (C of C) in that your medical conditions had changed to such an extent that you felt that you qualified for The SG.

This being the case, if successful, any back payments owed should be paid from the date of reporting the C of C.

bro58

That's correct, I was persuaded to do done voluntary work whilst in WRAG to the detriment of my health sadly, I notified DWP last July, sent them a letter from my GP where she quoted that I qualified for two of the descriptors and was not got for any work related activity. I was then asked to complete an ESA50, duly done and then chased them in February this year to be told they are awaiting an available date for me to have another assessment. Have now put in a letter of complaint about the wait but is there anything else I can do please? Contacted my local MP but no response.
I also asked for my DLA to be looked at again last August due to health deteriorating and I have been awarded although challenging it via MR, they are saying that this won't be back paid though, is this correct? Thank you.

Sarah wrote: That's correct, I was persuaded to do done voluntary work whilst in WRAG to the detriment of my health sadly, I notified DWP last July, sent them a letter from my GP where she quoted that I qualified for two of the descriptors and was not got for any work related activity. I was then asked to complete an ESA50, duly done and then chased them in February this year to be told they are awaiting an available date for me to have another assessment. Have now put in a letter of complaint about the wait but is there anything else I can do please? Contacted my local MP but no response.
I also asked for my DLA to be looked at again last August due to health deteriorating and I have been awarded although challenging it via MR, they are saying that this won't be back paid though, is this correct? Thank you.

Hi S,

Any superceding decision should be backdated to the time of reporting The C of C, which at the latest should be the date of The ESA50.

"I also asked for my DLA to be looked at again last August due to health deteriorating and I have been awarded although challenging it via MR, they are saying that this won't be back paid though, is this correct?"

If you challenged the adverse DLA Decision by requesting an MR, any subsequent decision of an MR or Appeal should be backdated to the time of the original adverse decision.

This is because an MR/Appeals "re-look" at the original decision, and "re-makes" it if appropriate.

However, I note that you state that you requested The MR "due to your health deteriorating".

When the re-look at an adverse decision, they can only take into account "how you were" at the time of the original decision, and not how you have been since any time since.

Therefore, if the evidence relating to the deterioration in your condition could not be tied in to or was not relevant at the time of the original adverse decision, they would treat your "MR" as reporting a C of C, and any back pay would only be due from the date of reporting the C of C.

If your DLA "MR" request resulted in a review under PIP criteria rather than DLA, back payments would only be owed from 4 weeks after the date of the fresh PIP decision.

You could complain once more to The DWP if you do not receive a response :

Complaining to The DWP

Sending Documents to the DWP.

Although your M.P. may be busy with The Election Hustings currently, I would not let them get away with ignoring you altogether:

Contacting your MP

bro58