Benefit back pay from when

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pinemartine
pinemartine Online Community Member Posts: 64 Contributor
in Employment and Support Allowance (ESA)
Hi, everyone. 
My friend asked me if you win tribunal, how far the back payment you get paid.
I said it would go back to the date of the MR decision was made, because you are appealing to the MR decision.  But she didn’t agree with me because she thinks you are appealing for the original decision after all, so it should go back to the date of the original decision. 
Please tell me which is right. I am so confused now.

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  • debkenzo
    debkenzo Online Community Member Posts: 110 Empowering
    If you win your appeal, then you will be back dated all payments from the date they stopped your benefit.  
  • pinemartine
    pinemartine Online Community Member Posts: 64 Contributor
    edited April 2018
    My husband lost all the awards at PIP reassessment. Then he had MR and awarded only mobility. He won tribunal and awarded  enhanced rate of both compornents. 
    The court’s decision says the new awards starts from the date of MR decision. I had no dought about the decision until my friend said it should go back to the date of the original decision (reassessment date). Especially we had a benefit adviser with us to help and they didn’t say anything against the court’s decision. 
    Even if the court has made a mistake, it might be too late to point out but I would like to know the right answer. 
    Or if the court has made a mistake, can we still tell them to correct it?
  • [Deleted User]
    [Deleted User] Posts: 273 Empowering
    Hi pinemartine

    It's possible that the tribunal panel deliberately made the decision from the later date, perhaps because they thought that your husband's health was worse by then, or that  it had been worse for a period of three months by then.  It may therefore not be a mistake. 

    If you think the decision could be plain wrong, you can ask for a Statement of Reasons, so that you can find out what the thinking was behind the decision. You have to do this within a calendar month of the hearing date though.

    You could also ask for the decision to be "set aside", in this case because you think it was made in error. Again, this has a time limit attached to it, but you can do it late and see if your late request, together with your reasons for lateness, is accepted. Bear in mind though that if you ask for the decision to be set aside, the whole process will start again and your husband will have the entitlement that was given by the DWP decision maker at MR stage, until another hearing has been done.

    Best wishes

    Gill_Scope




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