“a. The Appellant was in receipt of income –based Employment and Support Allowance as a single person. Her husband was released from prison on 26/06/15 and came to live with her. It is not in dispute that she reported this change of circumstance to the relevant office by telephone on 01/07/15. b. The Respondent issued a form ESA3 for completion by the Appellant. The form asked for information about the Appellant and her husband. The form told her to return the form within one moth otherwise she might lose money. She did not return the form until October 2015. The Respondent superseded the existing award, increasing the amount of Employment and Support Allowance payable, but only from 09/10/15. In doing so, the Respondent relied on reg.7(2)(b) of theSocial Security and Child Support (Decisions and Appeals) Regulations 1999 [“the 1999 Regulations”].[2016] UKUT 430 (AAC) YZ v Secretary of State for Work and Pensions (ESA) 2 c. The Tribunal disallowed the appeal, because it found that conditions for backdating an award did not apply in the case. In her statement of reasons, the Judge explained that she had not allowed the appeal because the form had not been returned within the one month time limit specified on it. d. As rehearsed by the Judge, reg 7(2)(b) relied on by the Respondent, states that a change of circumstances notified more than one month after it took place and which is advantageous to the claimant should take effect from the benefit week in which notification was made. It is implicit in the decision that the Judge treated the Respondent’s receipt of the ESA3 as the notification of the change of circumstances for the purposes of reg.7.”
“(2) Where a decision under section 10 is made on the ground that there has been… a relevant change of circumstances since the decision had effect…, the decision under section 10 shall take effect– (a) from the date the change occurred or, where the change does not have effect until a later date, from the first date on which such effect occurs where– (i) the decision is advantageous to the claimant; and (ii) the change was notified to an appropriate office within one month of the change occurring or within such longer period as may be allowed under regulation 8 for the claimant's failure to notify the change on an earlier date; (b) where the decision is advantageous to the claimant and the change was notified to an appropriate office more than one month after the change occurred or after the expiry of any such longer period as may have been allowed under regulation 8– (i) in the case of a claimant who is in receipt of income support, jobseeker's allowance, state pension credit or an employment and support allowance and benefit is paid in arrears, from the beginning of the benefit week in which the notification was made; …”