Employment and Support Allowance (ESA)
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Backpay from ESA tribunal

Good afternoon
My partner won his ESA tribunal after 12months of waiting. My query is this please. 
His assessment was on 8/6/18 he moved different areas and was forced to claim UC as it was live in New area on 15/6/18. He was told on 25/6/18 he had been unsuccessful and scored 0 points so sent off MR and then appeal.
I moved in with him on 23/7/18 and joined his UC claim and had to come off income related ESA and onto contribution and they added lcwra award to our UC  

So after his success this week the court say he should be awarded lcwra and no assessment for 24m
Will he be entitled to a full 12m back pay or just a few weeks until the date we made a joint claim for UC? And what will happen as we both have lcwra please 
It's really the back pay we're interested in as the court papers say appeal awarded but that's it .

Many thanks for reading and appreciate guidance 

Replies

  • Hart86Hart86 Member Posts: 394 Pioneering
    This is sort of tricky. Just to gather all the details, has he been handing in sick notes since on UC and has he had a WCA on UC? 
  • marlbeaumarlbeau Member Posts: 4 Listener
    Hi, yes to sick notes but not had to have a wca even tho they sent him a assessment booklet, because he was going through a ESA appeal he was told he didn't have to go to a wca
  • Hart86Hart86 Member Posts: 394 Pioneering
    edited June 2019
    Okay it will only be backdated to the date you moved in together but as he claimed UC he will need to ask for that decision to be transitioned over using mpg1 form so some will come from ESA some from universal credit (assuming he was awarded support group for esa and not wrag).
    While you can both be classed as LCWRA there can only be one in payment in a household, so as you already had that in payment there won’t be any due from universal to him. So going forward you will only receive one addition of the £336 rate.
  • marlbeaumarlbeau Member Posts: 4 Listener
    Ok, confused....so he filled out his claim for UC single benefit before I moved in, so they'll be about 1month of single person UC from about 15/6/18 to 23/7/18 that's when I moved in. So initially they'll only backdate from when he failed ESA to 23/7/18?
    Will they know all this and send it out in a letter then or are we going to have to use our noggins here and ask for that form, thank you and sad it won't b a full 12month backpay
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,954

    Scope community team

    Good morning @marlbeau and welcome to the community. :)
    This is complicated further by his assessment dates on UC, from the dates you've provided he will have only been on the single claim for 1 month, so if awarded back pay it'll only be for that 1 assessment period. 
    In theory, these things should take place automatically, however experience shows that isn't always the case. It would be worth him getting in touch with Universal Credit and asking them to send a MPG1 form to ESA to confirm his status. 
    Best of luck and let us know how you get on. 
    Senior Community Partner
    Scope

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