ESA C -termination- loss of appeal- end date?

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  • #38128
    irenejoy
    Participant

    Hi

    If we have a claim where a clmt claimed esa c and this was paid until 03.06.11 but then termination back by DWP to 01.10.10 due to WCA appeal failed and also a partner on claim who is working how would you approach the end date of the ESA C?

    Do we use the 01.10.10 to end the esa c ( even though it had been paid until 03.06.11) and this would create an underpayment of HB/CTB – this then would need to be adj so we didn’t pay to clmt, or would you use the DWP decision date of 03.06.11 to end the ESA?

    thanks for any help

    #107389
    Kevin D
    Participant

    Assuming ESA isn’t going to be recovered (and, barring misrepresentation or failure to disclose, it shouldn’t be), ESA should be taken into account for the period in respect of which it was paid. This is because is has been paid and there is no provision to disregard it.

    However, if there is a legitimate recoverable o/p of ESA AND the DWP are positively seeking actual recovery, then ESA doesn’t count as income.

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