ESA Arrears of Work Related Component

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    Joanne Ross

    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 🙂


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

    Joanne Ross

    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.


    Andy Thurman

    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.

    Joanne Ross

    Thanks Andy

    Will let you know the outcome


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