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Backdating of ESA following review
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?
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.