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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

Refusal of backdate - you should know the rules. But we don’t have to.

Andrew Dutton
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Welfare rights service - Derbyshire County Council

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Total Posts: 1966

Joined: 12 October 2012

Claimant in ESA Support Group, highest rate PIP.
Moves from a non-UC area to a FS UC area.
Goes to the LA to request Housing Benefit – after some delay, she is told to claim UC.
Does so – asks for a backdate – backdate refused.
The refusal decision is monumentally arrogant:
In part:
It is [claimant’s responsibility to ensure that she is taking the correct course of action when claiming another benefit…there is no provision which allows the date of a claim to be extended due to misinformation….it is the person’s responsibility to make sure that they claim the correct benefit at the appropriate time…information is available on gov.uk’
Hmmmmm:
• this person did not choose to claim UC – it was forced upon her by the ‘natural migration’ rules
• how was she supposed to know what these are????
• I can’t find a customer-friendly explanation of these rules on gov.uk, just a brief mention that you may have to claim UC if you have a ‘change of circumstances’ – which is not defined, and no more information is offered
• DWP’s ‘you-should-know’ attitude is undermined by the fact that UC assured the claimant she would receive Transitional Protection for her SDP – which doesn’t exist yet

So…the claimant should know the rules even though they aren’t available to her, but DWP doesn’t have to?

Appeal and complaint lodged.

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Total Posts: 2262

Joined: 15 October 2012

I’ve had one of those; or very similar. I was horrified at the tone of it.

I decided they weren’t due the backdate anyway and I’m awaiting the appeal response for the earlier closed claim though so all was not lost.