Buckie wrote: Hi, sorry I wrote as if you knew what I was thinking…
I am currently awaiting an Appeal, and was wondering if that Appeal should not be heard in time (after the 365 days) and thus leaving me with no benefits, as I would not be entitled to ESA income based… Would I be paid (back-dated) for however long it took to have the Appeal heard ?
My question was, if for say, the Appeal was not heard for say a further 6 weeks (after the 365 days cut off) and I won the Appeal and was put into the Support Group, would that extra Lost “6 weeks” (if it took that long) without any benefit from the DWP be paid back to me ? As my thinking is, if put in the support group, my ESA (contribution based) would not have been ?
Thanks
If you appeal places you in the Support Group then your ESA(CB) payments will be re-instated, you will receive back pay from the beginning of week 14 to the date that the DWP process the Tribunal result, this will include the "six weeks". You will recover the 365 days allowance and the 13 week Assessment period will no longer count against the 365 day limit should a future Decision place you back in the WRAG.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
