ESA TO UC Back Payment Question.

gentlegee1976

This is a hypothetical question that might help people in my situation. Many people in the ESA Support Group have been forced to apply for Universal Credit after having their ESA payments stopped due to failing the WCA. They then go on to win their appeal at the FTT.

If I win my appeal (and, for example, get given LCWRA) I'll be due 2 years of back payments as my case went to the FTT, then the UT and then back to the FTT as the original FTT decision contained an error of law.

If this happens (the person wins the appeal) and they are placed back in the support group, is the back payment paid at the old ESA support group rate (because that's what they were claiming originally) or is it paid at the UC LCWRA rate (because that's what they've been claiming since they appealed). The government guidelines are not clear about this.

Has this happened to anyone else and how was your backpayment calculated?

Thanks for your help in advance, guys.

dianejane

Yes Id like to know this too, I had my telephone UT exactly the same reason as you!! Im waiting for them to post their decision, which exhausted my whole being for 2 days!! From pre nerves..the Tribunal ..i had to do with my eyes closed over the phone as My head was pounding! It lasted just over an hour!! Anyway I like to know if the rates getting backpaid (2 yrs too) would be part old rate then new rate when it was raised etc. 

calcotti

The arrears of ESA will be cumulative total of the ESA you were not paid calculated on a weekly basis at the prevailing rate at the time. Similarly the arrears of UC will be a calculated on the monthly rate for each relevant assessment period. 

As Diane indicates the calculation will involve different rates to cover the whole period of arrears. It will take DWP some time after an appeal decision to make the arrears payment because these calculations are not simple.

gentlegee1976

OK, thanks for that. It also explains the delay in making these back payments.

calcotti

For UC the calculations can be even more complex than first appears. It's not just a case of seeing what was missing from the calculation. If somebody was in work (or their partner was) but did not have LCW or a child on the claim they would have had no Work Allowance. If the LCWRA element is now included a Work Allowance would now also apply which means that the earnings deduction would also reduce. DWP therefore have to recalculate every previous assessment period individually and then compare the result with the amount actually paid to arrive at the arrears amount for that month.