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TOPIC: Backdated esa from contributions to income

Backdated esa from contributions to income 2 months 6 days ago #237258

Sidhu

It might be worth your waiting to see their letter as it might explain the Decision in more detail.

Gordon
The following user(s) said Thank You: Sidhu

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

Backdated esa from contributions to income 2 months 6 days ago #237266

Re. the letter you have just received showing you can now have ESA IR and CB
- does it say somewhere that you can ask for MR?
if so (and it should) - it is THAT decision that you want reconsidered
(ref. my previous reply)

I agree with Gordon that you need to see how the other letter explains their previous decision
but I am convinced it is NOT the one to focus on now

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Backdated esa from contributions to income 2 months 6 days ago #237271

Walker

Two Decisions have been made, one that denies ESA(IR) from 2011 and one the pays it from earlier this year, it is the first one that needs to be challenged.

Gordon
The following user(s) said Thank You: Sidhu

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

Backdated esa from contributions to income 2 months 6 days ago #237276

Well my situation was VERY similar
and I am only going by my own case

the first decision (denying IR from 2011) cannot be changed since Sidhu was not eligible at the time they migrated onto ESA
that has never been in dispute, and so cannot be overturned.

the only decision that can be overturned is the one that states when they WERE eligible - which dwp says is from this year, and Sidhu says is from late 2011

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Backdated esa from contributions to income 2 months 6 days ago #237279

walker

I'm sorry but there is nothing preventing a challenge to the first Decision, I have seen multiple examples of this situation on this forum and others where an award has been made by the review team, not the DWP office dealing with the current claim.

The review looks at the whole period from transfer to the current date.

Gordon
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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: by Gordon.

Backdated esa from contributions to income 2 months 6 days ago #237292

ok, well lucky them
that was not the case in my situation
and that is the only experience I have to draw on

I'm really sorry if I have confused the situation, that was certainly not intended

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