Esa underpayment

maza · August 2019

Hi all. I was taken off esa at end of Nov after an assessment. I claimed universa credit in Dec with sick notes handed in. In March i was awarded lcwra. But my question is if i was due any of the back money people are getting on esa would i still be contacted about it even though i am now on universal credit and not esa. Thank you.

poppy123456 · August 2019

Hi,

When you were found fit for work for ESA did you request the MR then Tribunal if that failed? if so then what was the decision for that?

or did you just claim UC and had a work capability assessment for this?

maza · August 2019

I lost both mr and tribunal.

poppy123456 · August 2019

I'm sorry to hear that. I'm afraid this means that the ESA decision was correct to find you fit for work and because of this reason you won't be entitled to any backdated money for the SDP/UC legislation.

This is because when you claimed UC you must have been entitled to SDP within 1 month of claiming UC and because the decision to find you fit for work was correct your ESA stopped and you were no longer entitled to SDP. If the decision had been changed at MR or Tribunal stage then you would have been entitled to backdated money.

maza · August 2019

Thank you. Just my luck. Thought i would ask because i had read that if someone had died their family would get the payment. So thought would still maybe get it. Thank you anyway. Mx

poppy123456 · August 2019

I'm sorry to hear that. The same rules apply unfortunately, you must have been entitled to SDP within 1 month of claiming UC.

Chloe_Alumni · September 2019

Hi @maza, I'm really sorry to hear this. Is there anything we can support you with?

maza · September 2019

No thanks. You have all always been so helpful here. Thank you

Esa underpayment

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