UC backdating of a claim

The litigation in Abdul Miah (by his litigation friend Mashuq Miah) (Respondent) v SSWP [2024] EWCA Civ 186 has now concluded.

That is good as it means a claimant can get backdating if they meet the conditions but do not raise the issue until after their claim has been decided- raising the issue is treated as an application for revision.

However, that will only assist people who at some point realise they have missed out.

Given claimants are not asked on the form if they want backdating then many will never know they might have been entitled.

CPAG would be really interested in advising on a case where a claimant did not get backdating initially as they did not know to ask for it before their claim was decided, with a view to considering whether the failure to ask the question at the claim stage can be litigated in a judicial review.

Ideal facts would be where the delay in claimant getting the backdate made their life more difficult but really any case where a person did not ask for backdating at initial claim stage (ie before claim decided) as they did not know they might be able to get it we can have a look.

See our website for submitting cases- https://cpag.org.uk/welfare-rights/test-cases/refer-test-case

I have a case like this Martin, but it looks as if the DWP has conceded that the request did not not have to be made within the initial four weeks when the claim started.  They are accepting that the backdating request was made in time, but arguing as to whether it meets the criteria for backdating - it does!  We have an appeal 15 April and I cannot see how we cannot be successful.  However, if not I will be back to you!

Hi Ruth - thanks for this.

Good luck with the case.

Really what we want is a case where it not already at appeal.

M