Hello, I'm hoping someone can point me in the right direction to some legislation- I'm struggling to find the relevant SIs that amend the original legislation on this.

I have had a query from a client who was able to reclaim IB under the welfare to work, 104week linking rules. However he became ill and left work around 6months before he actually put in the claim for IB again. It appears the DWP did backdate the claim for 3months but he feels that he should have it backdated for the full 6months due to the reason he didn't claim straight away (severe mental health problems). It seems they are looking at it and he has been told if they don't agree it will go to Tribunal.

I don't have access to amended Regs, and the SS (Claims and Payments) Regs 1987 don't include IB and SI 1994/2943 seems to mention only a 1month backdate for IB but I seem to remember it was 3months.........

Also, if it is 3months surely any further backdate would be discretionary. I didn't think that could be a decision that could go to appeal......

Any thoughts or experience of this would be welcome.

Cheers

The WTWB scheme only operates to link two periods of incapacity for work seperated by no more than 104 weeks.

Backdating of IB is a seperate issue and you are correct to say that maximum backdating is three months, and this is specified in schedule 4 of the C&P regulations.

Thanks- do you know which SI amends the orginal Regs to include the information about backdating for IB? The original Regs just refer to sickness benefit & invalidity benefit or disablement benefit.

Or where I can access amended Regs online for free?!

Sorry, I don't know and I don't have time to fish it out for you I'm afraid. If you have a large library to hand you might find copies of CPAG's legislation volumes in the reference section. OPSI sometimes include amended legislation so might be worth looking up the 'Social Security (Claims and Payments) Regs 1987. Failing that, some other kind soul might post up for you or I'll check back when I've got time to hunt it down...

Mon 22-Feb-10 04:25 PM by Tony Bowman

The Social Security (Miscellaneous Provisions) (No. 2) Regulations 1997 (SI 1997/793), reg 7.

According to CPAG's annotation this is the latest provision amending the backdating time limit to three months for IB.

It's in Sch 4 which lists all the other benefits not set out separately in Reg19.

Brilliant- thanks ever so much.