ESA Arrears of Work Related Component

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  • #39282
    Joanne Ross
    Participant

    I have 2 claims where the partner failed their Work Capability Asessments & appealed the decsion so remained on ESAC. They then won their respective appeals and WRC was awarded back and received lump sum back payments.

    The claims have been re-calculated to include the WRC from the date it was awarded back too. The re-caluations have created overpayments for both claims because the claimant receives Incapacity benefit and therefore get the couple rate disability premium in their applicable amounts.

    If the roles were switched they would be worse off.

    I have one case waiting for a submission to be doen to Tribunal Service and will expect another appel from 2nd claim

    Help appreciated 🙂

    #111588
    Anonymous
    Guest

    They can pay back the overpayment from their arrears of WRC! Happens all the time to people who get backdated income.

    #113491
    Joanne Ross
    Participant

    I am currently preparing a submission to Tribunal Service about the overpayment created by backdated award of WRC in ESA – does anybody know of any recent commissioners decisions which might be helpful to use.

    Thanks

    #113504
    Andy Thurman
    Keymaster

    Don’t think there are any useful UT decisions on this yet.

    I don’t think the regs allow any ‘wiggle room’ here, the income does count and an overpayment will result. There is one angle that should be explored in such cases, however, which is whether this was due to (DWP) “official error”. Guidance always states “other error” for these but I don’t think it is that clear cut.

    If a copy of the FtT ESA decision can be obtained (or other detail of the case) you can make a decision on the facts. Over-simplified (there will no doubt be other nuances!) this means – judge found DWP turned down ESA in error based on original info then DWP error O/P, judge overturned on subsequently provided further info then “other” applies.

    #113514
    Joanne Ross
    Participant

    Thanks Andy

    Will let you know the outcome

    Joanne

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