Help to claim and backdates

Hi,

Claimant with learning disability attended JCP and asked for help making a claim. Claimant was seen by DWP staff who started helping with an electronic claim. During this process, there was an incident (unrelated to claimant) at the JCP. DWP staff left the room and claimant was asked to leave too. Claimant then experienced a MH crisis and therefore took 4 months to make another claim.

I’m going to go for the one month backdate under SSWP v Miah [2024] EWCA Civ 186, but I would also like to try and get a backdate to the date the claimant attended the JCP using Reg 8(6) and Reg 10 (1)(b) of The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013.

The basis of my argument is that the original claim falls under Reg 10(1)(b) but it was defective as per Reg 8(6) as it was never finished. Claimant was not advised the claim was defective and so the one-month period for correcting the defect has not begun. Therefore, either

a) the original claim is effectively still sitting there as a defective claim, waiting to be corrected, or
b) the claimant corrected that defect by making the subsequent claim 4 months later

Therefore the claim should begin on the date the claimant attended the JCP

I hope this makes sense.

Has anyone had any comments or experience with this approach?

I note there is no definition of defect given in the regs.