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Back dating a decission payment point.

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11 years 5 months ago - 11 years 5 months ago #115411 by steveinleo59
Back dating a decission payment point. was created by steveinleo59
We were advised by our job center in dec 2012 to appeal and ask to be moved from ESA work related to ESA support group. We filled in the GL24 form and sent it off with a covering letter.

After not hearing anything for 6 months I called DWP and they said the form was in a backlog of work. I followed that up with a couple of further calls until in June 2013, we were told over the phone that, the paperwork had been "lost" and could we fillout a Limited capability for work questionaire, which we did and posted it on 10th July 2013.

We used the benefits & Work advice guide extensively and I am 100% convinced that it was the guide that got us through the minefield of dubious questions and we won our case on 26th November 2013, and were put into the support group straight away without having to appeal the decission which was a first time result in the last five years of hell.

However, my question is, should the DWP of back dated the payment start date to at least 10th July 2013, if not actually going back to december 2012.

As our money has gone up by £27 a week and has made a significant improvement to our standard of living, you can see why I'm asking about back dating. especially as a friend of our's had a simlar outcome although she did have to go to tribunal to get it, but they back dated her claim to the date when she sent the forms in for her capability for work questionaire.

I would like to know where we stand on this?
Last edit: 11 years 5 months ago by . Reason: Tick.

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11 years 5 months ago #115415 by slugsta
Replied by slugsta on topic Back dating a decission payment point.
If this had been a reconsideration, it should have been backdated to the date of the original decision. However, it appears that DWP have treated this as a reassessment due to a change in circumstances and payment will commence from the date of the new decision.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: steveinleo59

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11 years 5 months ago #115435 by sally-jane
Replied by sally-jane on topic Back dating a decission payment point.
You also need to write and ask for the length of time you will be in the SG for.
FAQ on this site explains how to go about asking/receiving such information.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 5 months ago - 11 years 5 months ago #115503 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Back dating a decission payment point.

steveinleo59 wrote: We were advised by our job center in dec 2012 to appeal and ask to be moved from ESA work related to ESA support group. We filled in the GL24 form and sent it off with a covering letter.

After not hearing anything for 6 months I called DWP and they said the form was in a backlog of work. I followed that up with a couple of further calls until in June 2013, we were told over the phone that, the paperwork had been "lost" and could we fillout a Limited capability for work questionaire, which we did and posted it on 10th July 2013.

We used the benefits & Work advice guide extensively and I am 100% convinced that it was the guide that got us through the minefield of dubious questions and we won our case on 26th November 2013, and were put into the support group straight away without having to appeal the decission which was a first time result in the last five years of hell.

However, my question is, should the DWP of back dated the payment start date to at least 10th July 2013, if not actually going back to december 2012.

As our money has gone up by £27 a week and has made a significant improvement to our standard of living, you can see why I'm asking about back dating. especially as a friend of our's had a simlar outcome although she did have to go to tribunal to get it, but they back dated her claim to the date when she sent the forms in for her capability for work questionaire.

I would like to know where we stand on this?


I do not deal with ESA enquiries, only DLA/PIP. However, I have been in touch with Crazydiamond, a former B & W moderator, but more importantly a former Adjudication Officer for the DHSS/DSS
now called Decision Makers.

In his opinion, your claim should have been back dated back to your claim in December 2012.

His advice is to contact the office dealing with your ESA claim and query this.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 5 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law).

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11 years 5 months ago #115504 by slugsta
Replied by slugsta on topic Back dating a decission payment point.
Thanks for doing that, Jim.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)

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