Advice NI highlights systemic failures by DWP to apply backdating rules

NI Chief Exec said -

‘Regulation 25 (Regulation 26 in Great Britain) of Universal Credit ‘Claims and Payments’ regulations allows an earlier date of claim up to a maximum of one month before the date a Universal Credit claim is actually made where a claimant could not reasonably have been expected to make their claim earlier due to specific circumstances during that earlier period.’

‘These provisions are particularly important where someone may have health problems or a disability which could mean they are unable to make the Universal Credit claim in a timely manner.’

‘However Advice NI has uncovered that effectively what Universal Credit staff are doing is routinely applying a strict rule that where a claim for Universal Credit is made, the date of claim is the date a claim is received, with no reference to Regulation 25.’

‘This systemic failure obviously disadvantages claimants who meet the specific circumstances outlined in Regulation 25 who could have an earlier date of claim and so be entitled to more Universal Credit.’

‘The failure to apply Regulation 25 becomes much more significant when ESA claimants make a claim to Universal Credit. Unless the Universal Credit application is made on the same day that the ESA claim ceases, a ‘gap’ will occur and the Work Capability decision may not be carried across from ESA equating to losses of up to £336.20 per month. This also means that the person may unnecessarily have to go through the entire Work Capability Assessment process again. Other claimants will actually receive zero UC entitlement as a result of not having the Work Capability amount included in their UC assessment and so have their UC case closed.’

Serious systemic failures affecting sick and disabled people claiming universal credit

This is something I have brought up here before. One thing which legacy benefits had and which UC has lost is an option to indicate when you are claiming from on the claim form itself. This makes it ambiguous on the face of the form whether you are claiming from the date of claim or asking for an extension of time to claim (i.e. backdating). It’s perfectly arguable that - in the absence of a clear indication on the form - the SSWP ought to consider backdating in every case.

Does anyone have an update on whether there has been any progress on this issue?
I have an appeal hearing coming up on this.  Is there a case going through the Upper Tier?