Employment and Support Allowance

Work and Pensions written question – answered on 14th January 2014.

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Photo of Roger Godsiff Roger Godsiff Labour, Birmingham, Hall Green

To ask the Secretary of State for Work and Pensions pursuant to the answer of 25 November 2013, Official Report, column 120W, on employment and support allowance (ESA), from what date reinstated ESA claims will be backdated.

Photo of Esther McVey Esther McVey The Minister of State, Department for Work and Pensions

Where an employment support allowance award terminates because someone does not have limited capability for work following a work capability assessment, it will be reinstated only after there has been either (i) a successful application for mandatory reconsideration or (ii) the mandatory reconsideration is unsuccessful and the claimant has lodged an appeal with Her Majesty’s Courts and Tribunals Service (HMCTS). For the former reinstatement will be from the date of the termination decision; for the latter, once the Department has been advised by HMCTS that an appeal has been made, ESA can be reinstated, in which case it would be backdated to the date of the termination decision. In either situation, if any other benefit has been received in the meantime, for example jobseeker’s allowance, this will be offset against the employment and support allowance due.

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