backdating uc

client with mental health problems delayed making uc claim following release from prison, this was in January, following advice got the waiting days lifted but backdating request refused as past the month since claim was made.  He would fit the circumstances bit, chaotic, health, just released prison etc.  But reg 26 of the claims and payments regs is not traditional backdating but allowing the time for claiming to be extended for one month.
So is there any argument that this extension of up to a month can be requested after the month that the dwp will accept?

The UC backdating reg is actually worded in a similar way to backdating of IS and JSA etc.

The caselaw on those benefits is that if a claimant asks for backdating for longer than the maximum allowed then it should be treated as a request for the month that can be given- see CJSA/3994/1998. Think the same would apply.

M

cheers Martin
have you got a copy of the decision?