UC Live Service Area and backdated ESA claims

Hi can anyone help with this query.
We became a UC live service area on the 2nd November 2017. We have been encouraging some claimants to obtain sick notes backdated to before 2nd November, so that they can make a backdated claim for ESA (IR) and thereby avoid having to claim UC. Most of these claims have just been processed without any difficulty. However, one of the claimants has contacted us today and told us that Stockton have told him that he can no longer put in a backdated ESA (IR) claim due to being in a live service area. Is this correct? If so, I am struggling to find the provision that would prevent it. I know the Welfare Reform Act 2012 Transitional Provisions specifically exclude most backdated IS and HB claims in live service areas, but there is no mention of backdated ESA (IR) claims.

I’d be grateful to have a definitive answer on this to ensure that were not misadvising claimants .

I assume you mean you’ve gone full service?

This was discussed at the CPAG seminar and I think once you’ve gone full service you can’t claim irESA even backdated because reg 4 of the relevant commencing order abolishes irESA as soon as you make a claim for it - and it’s the date of claim that matters not the date it is backdated to - that’s my understanding anyway

Thank you for replying. But, if the claim is backdated won’t the date of claim be for the earlier period? Reg 4 refers to date of claim or date that the claim is treated as been made (which in this case would be the 2nd October prior to full service UC on the 2nd November). The provisions further on in the Order specifically bar backdated claims for IS and HB (even if they are treated as made on earlier date), but there is no mention of ESA,.
Maybe the best thing is to do is to get them to issue a decision and see what provisions they quote in the refusal. I’ll keep you posted, but hanks for your reply.

Ah - you may well be right - but does backdating change the date of claim - isn’t it more about them time in which you have to claim the benefit (reg 19 of the Social security (claims and payments) regs 1987). Isn’t the ‘treated as’ more to do with defective claims which are then amended (reg 4(7))?

Do keep us informed of progress - it will be interesting to see what they say.