Backdating of UC

Hi,

I’m working with a tenant who has been refused ESA as she failed the WCA. She decided not to claim JSA whilst she was awaiting the outcome of the MR & was supported by family during this time.

The MR was refused and upon the appeal request being lodged I helped her to contact DWP to request that the appeal rate of ESA was paid.  At first they explained she would need to provide Fit Notes backdated to 14/05/18 (date ESA previously paid up to) but then she received a phone call on 31/08/18 to advise that the appeal rate couldn’t be awarded as she had received this in the past( she hadn’t made me aware of this) In the meantime we have gone onto UCFS in this area.

On 04/09/18 I helped her to make a claim for UC & she also wanted to complain about not being advised earlier that she couldn’t be awarded appeal rate ESA. She has received a response to the complaint & has basically been advised that she would have to request that her claim for UC is backdated.  I just wondered , in your opinion, if she is likely to succeed? If backdating is agreed can this only be for a maximum of one month?

Thanks.

As far as UC backdating goes, an application can only succeed where the delay in claiming is due to one of a list of defined circumstances - none of which appear to apply here - and even then, backdating for 1 month is the most you can ask for.

Deflecting the complaint with a suggestion that she ask for backdating is an inadequate response and should probably be escalated. Even if the backdating provisions did provide a remedy in this situation (which they don’t), she would be entitled to pursue the maladministration angle separately to that (with a view to getting an apology or what have you)

If she succeeds in her appeal, then she should get the missing ESA payments as a result of the Tribunal’s decision - otherwise, I think that her complaint (assuming there is any merit in it) might be the only way she has any chance of recovering them.