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JayKay
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Benefits adviser - Penwith Housing Association, Penzance

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Total Posts: 139

Joined: 14 July 2010

Hi
I am working with a client through their social worker to help with their UC claim.  In June the client was taken into hospital suffering from alcohol induced dementia.  Contact was made with the jobcentre by a third party asking if a visiting officer could take a claim from the customer but JC+ refused - initially on grounds that not safe to visit hospitals at that time.  Once customer was moved to a temporary care home JC+ continued to refuse to take a claim on the grounds that he had no capacity.
It was only once the customer’s health had improved and visits to care homes were allowed that the social worker was able to visit him and to help him make a claim at the end of October.  One month’s backdating has been allowed.
Is there any mechanism in place to allow for the claim to be started from the date of first contact with the Jobcentre in June?  The contact is evidenced as it was by email to the vulnerable customer lead.
Thanks

JayKay
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Benefits adviser - Penwith Housing Association, Penzance

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Total Posts: 139

Joined: 14 July 2010

Think I have found the answer - no it can’t be backdated further because although there was notification that he needed help, the claim wasn’t ultimately made by someone acting on behalf of the SoS.
So - financial redress for maladministration because the visiting service refused to take the claim, and if they had then it would have been backdated?

Daphne
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rightsnet writer / editor

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Joined: 14 March 2014

The date of claim can only be the date of notification if you get help by someone acting on behalf of SoS as you say - not so much backdating but establishing date of claim.

Instead he has got max backdating of one month as presumably unable to claim sooner because of disability.

yes - definitely financial redress - that is terrible! So much for looking after vulnerable customers!!