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TOPIC: Upper Tier/Second Tribual Application

Upper Tier/Second Tribual Application 1 month 1 week ago #230448

Tim

Ignore the EESA, it's just a payment reference and does not mean anything more, everybody's payments will say this.

There is definitely something wrong but I can't state for certain what it is unless you confirm whether you were receiving Contribution Based ESA previously.

What I think has happened is that you were on ESA(CB) when you were in the SG. You were then found Fit for Work. You were paid the ESA Assessment rate while you waited for a hearing, as this was ESA(CB) this could only be paid for 365 days and you were then switched to Income Related ESA which takes account of your IIDB and other benefits.

If this is correct then the DWP are wrong and the WRAG component should be payable for 365 days from the date of the Decision that was appealed and should, therefore, be owed as back pay, you need to get back in touch with them about this.

It is also possible that the WRAG component has not been included in your current payments, based on your post I would guess you should be receiving the following minus your IIDB and the CA.

£114.85 - Personal Allowance (couples)
£ 29.05 - WRAG component
£ 36.85 - Carers Premium
======
£180.75

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Upper Tier/Second Tribual Application 1 month 1 week ago #230451

Hello Gordon

Thank you again for your prompt reply. Yes, I believe everything that you have written (above) is correct. As I stated above, after winning the appeal (although not being put back in the support group which I hope to be appealing against) the DWP told me (or rather my wife) that they stopped back payments for LCW in Mid 2018 (or Mid 2017?). However, if they are only paying me £31 a week now and the ESA(CB) that they were paying me pending on the first appeal was more than that I'd probably end up paying them money!.

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Upper Tier/Second Tribual Application 1 month 1 week ago #230453

Regarding back payment, I was still on my old ESA until the assessment in December 2017 so I wouldn't qualify for LCW back payment.

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Upper Tier/Second Tribual Application 1 month 5 days ago #230488

Tim wrote: Regarding back payment, I was still on my old ESA until the assessment in December 2017 so I wouldn't qualify for LCW back payment.


The Tribunal Decision re-makes the Decision that found you Fit for Work and applies from the same date, so you are due the full WRAG rate from that date until your ESA(CB) ceased after 365 days.

Gordon

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