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Top Incapacity related benefits topic #4134

Subject: "ESA backdating" First topic | Last topic
rwils
                              

Welfare Rights Officer, Newcastle Welfare Rights Service
Member since
12th Oct 2004

ESA backdating
Thu 09-Jul-09 08:57 AM

Person claims ESA, gets backdated sick note and asks for full 3 months backdating. Assessment phase rate presumably then starts from the effective date of claim and person is treated as having limited capability for work pending the WCA. At what point would arrears be paid? Colleague has a case where arrears were paid after the WCA.

  

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wwr
                              

senior adviser, Wirral Welfare Rights Unit
Member since
07th Oct 2005

RE: ESA backdating
Thu 09-Jul-09 12:44 PM

I can't see a reason for that. The assessment phase is extended where the WCA could not be carrried out within 13 weeks from the date on which s/he is entitled to ESA, to when the LCA determination is made (reg 4 ESA regs). There seems no reason not to pay before WCA because the person, as covered by medical evidence, will be treated as having a limited capabilty for work

(Brian)

  

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