ESA3 & backdating policy

[Schmoo]

I was already receiving ESA (Cont) but recently completed an ESA3 form as I became aware that I was entitled to ESA (Inc) due to low household income. I have been awarded ESA (Inc) but the increase has only been backdated to the date the DWP received my claim form. I spoke with the decision maker today to ask why the claim had not been backdated by 3 months (as stated on the form) and was told that only new claims can be backdated by 3 months. As I was already claiming ESA the form I filled in was considered a change in circumstances and could only be backdated by 1 month at the most. Because I had stated that my circumstances had changed over 1 month ago the DM had to use the date of claim for the purpose of paying arrears (circumstances had actually changed in 2013 but I only recently became aware I could claim Income related ESA and knew the claim would never be backdated to then).

The ESA3 form states that claims can be backdated 3 months but doesn't specify new claims only, I didn't see anything about a different rule for existing claimants reporting a change in circumstance. I have trawled through forums and a bunch of DM handbooks and can't find anything specific relating to the rules on backdating existing claims being different from new claims.

I am wondering if it's worth appealing the decision to pay arrears from the date of claim and see if I can get it backdated at least a month, but I'd really like to see something that actually states the that new and existing claims are treated differently when it comes to paying arrears.

Anyone have any advice or experience with this?

Thanks for reading!

[JaneNov]

Re: ESA3 & backdating policy

I am wondering if it's worth appealing the decision to pay arrears from the date of claim

Any updates?

Did you appeal in the end?

I'd really like to see something that actually states the that new and existing claims are treated differently when it comes to paying arrears.

Did you find anything?