Background

The Public Accounts Committee has launched an inquiry into the underpayment of benefit to claimants who transferred from incapacity benefit to employment and support allowance and were underpaid as the DWP failed to assess them for income-related ESA.

The DWP has said it will only compensate claimants for underpayments from 21 October 2014 on the basis of the decision in LH v SSWP. The DWP argues that this decision established the correct interpretation of the law, However, its own guidance prior to this date clearly showed that claimants should be assessed for both contributory and income-related ESA on migration, and we believe therefore it's official error and should be backdated in full.

For more information see the rightsnet discussion thread, NAWRA's letters to the Secretary of State, and details of CPAG's judicial review proceedings challenging the limited backdating.

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