UC Backdating Appeals

I have attached a redacted copy of a DWP response to a backdating appeal that will be shortly heard by a Tribunal.

The DWP have not really condsiered whther any of the condtions in Regulation 26(3) apply but have gone on to say that even if it did S8(2) of the Social Secuirty Act 1998 will preclude “backdating” because the “request” was made after the award was put into payment.

I know this is bunkum and I have won several appeals where the DWP used that argument but it seems to me that this is becoming another copy and paste stock response

Is anyone else seeing this from the DWP?

Yes, in fact this very issue has just been the subject of a two day hearing before a three judge panel of the Upper Tribunal thanks to CPAG (unless perhaps the Tribunal decided to adjourn to take advantage of the weather) - https://cpag.org.uk/welfare-rights/resources/test-case/request-backdate-universal-credit-made-after-claim-determined

I have argued (and I think this is also essentially the CPAG argument) that the DWP’s argument is based on a misconstruction of the nature of a ‘backdating request’ in that the DWP regard it essentially as a second claim for UC for an earlier period and that therefore whether the second ‘claim’ is made within a month of the date from which entitlement is sought is determinative, whereas in truth the date from which benefit is claimed is an issue in the original decision which is therefore susceptible to change as an any grounds revision. See further: https://www.rightsnet.org.uk/forums/viewthread/15252

But I would suggest you save your breath arguing about it and simply invite the FtT to stay the case pending the UT decision.

I dont know how I missed the other thread

I have looked at Martins template but my template uses a different argument.

I hve had a few clients who have asked for > 1 months backdating and I have had to disappoint them following GDC

I have incorporated GDC into my template for use in such cases.

Feel free to adapt it