× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Backdating of ESA following review

CaroleL
forum member

Pembrokeshire Citizens Advice. Community Advice Team. Senior Caseworker

Send message

Total Posts: 9

Joined: 16 July 2020

Client receives ESA50 for completion [review] in February following several years with LCW and this is completed to show a worsening of condition.
WCA then takes place in July and decision made dated then that client has LCWRA.
Cl paid LCWRA from decision date in July.
Should backdating have been applied to date of ESA50 as this was when change was reported?

Dan Manville
forum member

Greater Manchester Law Centre

Send message

Total Posts: 510

Joined: 22 January 2020

There are two ways to look at this, if they knew they’d deteriorated but didn’t notify it then no, but if they couldn’t have known there as a material change of circumstances then ADM 4365 says the supersession shoud be effective from when Sec State initiated the supersession, so when the form was sent out.

There’s nothing to lose in arguing the toss on these to my mind.

CaroleL
forum member

Pembrokeshire Citizens Advice. Community Advice Team. Senior Caseworker

Send message

Total Posts: 9

Joined: 16 July 2020

Thank you Dan.  I was confused using CPAG as the General Rule P 1250 seemed to apply and would be date of decision but then P 1253 ‘If a Supersession is Advantageous’ changed it to date DM initiated supersession. 
You have simplified it for me.  And as you say, it is definitely worth disputing.

Elliot Kent
forum member

Shelter

Send message

Total Posts: 3260

Joined: 14 July 2014

You have stated that the change related to a worsening of the claimant’s condition. If the supersession relates to a change of circumstances then it can be effective from either the date that change occurred (if notified in time) or when it was notified. The return of the ESA50 ought to be sufficient to amount to notification of the change.