won appeal

hi I won my appeal last week and was put in the support group with a review date of 12 months could you tell me does the 12 months review start from when I appealed in january .Also does the back pay start from the original transfer date to esa or from week 13 .And will the time spent on appeal count towards my esa entitlement I am on contribution based thanks hope it makes sense .Thankyou for all your help its a great website A

The 12 months starts from the date you were transferred from IB, your back pay will also go back to that date. Your time in ESA starts from then too, although time spent in the support Group is not subject to the 365 day limit.

Well done for winning your appeal

CV

annedw wrote:

hi I won my appeal last week and was put in the support group with a review date of 12 months could you tell me does the 12 months review start from when I appealed in january .Also does the back pay start from the original transfer date to esa or from week 13 .And will the time spent on appeal count towards my esa entitlement I am on contribution based thanks hope it makes sense .Thankyou for all your help its a great website A

Hi adw,

Firstly, congratulations on winning your appeal, and being placed into the SG.

It seems that Tribunals are now making recommendations of when an award made by them should be reviewed.(From the time of the Tribunal decision)

However, as far as I am aware, these are only recommendations, and as it is a relatively new developement, whether the DWP/ATOS will abide by such recommendations will only become apparent with time.

If you were migrated over from IB, IS or SDA, any backpay owed to you should be payed from the date of the adverse decision that you have appealed.

If it was a fresh claim for ESA then it would be backdated to the beginning of week 14.

If you have been in receipt of Assessment Rate Contribution Based ESA, or Contribution Based WRAG ESA whilst you were appealing, then this period of receipt would have normally counted against your 365 day entitlement.

However, as you have been given Support Group status by the Tribunal, and this decision will be backdated to the time of the original adverse decision, you will be classed as having been in the SG, since that time.

Therefore, as any time spent in the SG does not count against your 365 day entitlement to CB ESA, and will not do so whilst you remain in the SG, your "Clock has not started ticking" yet.

So your full 365 day entitlement to CB ESA remains. See :

12 Month Limit for ESA(CB) Updated 10/03/12

Hope this helps.

bro58

Hi adw,

If the 12 month review recommendation was definately made by the Tribunal, at the time of changing the adverse decision to place you into the SG, these rightsnet threads may help to reiterate my comments. :

www.rightsnet.org.uk/forums/viewthread/3520/

&

www.rightsnet.org.uk/forums/viewthread/2787/

bro58