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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

Universal Credit backdate

Anne Higgins
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Welfare rights officer - North Lanarkshire Council

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Total Posts: 42

Joined: 17 June 2010

Time within which a claim for universal credit is to be made

Please see Regulation below,  when it is stated they have a disability, can this be argued that anyone who has sick lines has a disability as it is not defined what Disability means, unless I’m missing something

26.—(1) Subject to the following provisions of this regulation, a claim for universal credit must be made on the first day of the period in respect of which the claim is made.
(2) Where the claim for universal credit is not made within the time specified in paragraph (1), the Secretary of State is to extend the time for claiming it, subject to a maximum extension of one month, to the date on which the claim is made, if—

(a)

any one or more of the circumstances specified in paragraph (3) applies or has applied to the claimant; and
.

(b)

as a result of that circumstance or those circumstances the claimant could not reasonably have been expected to make the claim earlier.
.
(3) The circumstances referred to in paragraph (2) are—

(a)

the claimant was previously in receipt of a jobseeker’s allowance or an employment and support allowance and notification of expiry of entitlement to that benefit was not sent to the claimant before the date that the claimant’s entitlement expired;
.

(b)

the claimant has a disability;
.

My client held off claiming UC as he had appealed ESA and has been refused a backdate

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Total Posts: 1366

Joined: 22 July 2013

In the absence of an alternative definition I would imagine that the Equalities Act definition of disability would apply.

You have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.

‘substantial’ is more than minor or trivial,

‘long-term’ means 12 months or more.

There are special rules about recurring or fluctuating conditions. People with progressive conditions can be classed as disabled.

You automatically meet the disability definition under the Equality Act 2010 from the day you’re diagnosed with HIV infection, cancer or multiple sclerosis.

Edit: Further info on EA definition of disability attached

[ Edited: 31 Jan 2017 at 04:15 pm by BC Welfare Rights ]

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