Forum Home → Discussion → Universal credit administration → Thread

Backdating request refused

5 July 2017, 03:58 pm

Alice SF
forum member

Welfare Benefit & Debt Advisor, Hounslow Foodbank Project, Staying First London

Total Posts: 43

Joined: 13 March 2012

Hi all,

I am hoping some of you can help me unravel a refusal to backdate my client’s claim. The background - my client was granted refugee status on the 20th January and claimed Job Seekers Allowance. He and his family were placed into bed and breakfast accommodation on the 20th February in a full digital service area.

They claimed UC on the 5/4/17 and received notification that JSA had ceased from 18/3/17 in a letter dated 16/5/17. On 22/6/17 they requested a backdate to their UC claim which has been refused.

I have attached a copy of the decision notice but essentially they are saying that they cannot backdate as the request should have been made within the first assessment period. As they did not, the request can only be considered for a month from the date of request (not date of claim). Therefore the request has been refused because one month from the date of request would have been after the claim had started and award already in payment.

They are relying on Social Security Act 98, s 8 (2)(a) for the statement that backdating must be made within first assessment period and Regs 8, 10 and 26 of the 2013 UC, PIP, JSA & ESA (Claims & Payments) Regulations.

http://www.legislation.gov.uk/ukpga/1998/14/section/8/enacted
http://www.legislation.gov.uk/uksi/2013/380/pdfs/uksi_20130380_300916_en.pdf

I would argue that within the 2013 regs, Regulation 26 (2) (a) & (b) and (3) (a) or (aa) would apply as the claimants were not notified that JSA had ceased until the DWP letter dated 16/5/17 had been received. Their request for the backdate would have been made less than one month after they received this decision notice.

Am I barking up the wrong tree?

File Attachments

Blanked_out_backdate_decision_notice.pdf (File Size: 53KB - Downloads: 2181)

6 July 2017, 09:07 am #1

Elliot Kent
forum member

Shelter

Send message

Total Posts: 3139

Joined: 14 July 2014

I think its right that the reg 26 determination has been made by the decision on the first AP and therefore a fresh determination on that issue can’t be made after that decision.

However this overlooks the fact that a decision can be changed after it is made - i.e. by revision. Your client’s request for backdating ought to have been treated as a request for mandatory reconsideration of the decision on the first AP subject to the usual time limits.

Worth noting that there is no obligation under the regs for the claimant to ask for backdating. A reg 26 determination must be made in every case.

On the substance, what you are saying sounds reasonable enough.

You could perhaps try and appeal on the basis that the letter you have is, in effect, an MR. It might be simpler just to file an MR on that notice.

Forum feed