Late claim or is it ??

Bit of a funny one -

Situation is that my client’s only income has been IIDB for some time since his IB stopped after he was found to be working.

He asked the investigator at the time if he was entitled to anything now (or should I say then) but was specifically told he could claim nothing.  He was overpaid and prosecuted.

Came in to see us about another matter and I advised him to claim ESA (he was waiting for and just had surgery).  Also HB/CTB, both of which are in payment.

I have submitted late applic for HB on grounds of misleading info by investigator arguing that they should have told him what the conditions for benefit were then as his circs had changed and he was no longer working.

I can’t submit late claim for ESA as I doubt if he can get sick notes.

What he would have been doing since his IB stopped is claiming JSA but as he’s currently claiming ESA I’m not sure what to do.

I don’t know how he can possibly make a late claim for this for the period from when his IB stopped to him making this new ESA claim.

Am I flogging a dead horse ?

If he was unemployed when the investigator interviewed him, and he asked what he could claim NOW, and the investigator told him he could claim nothing, that seems like a clear case of misdirection to me.

I’ve done that for his recent HB/CTB claim to try to have it backdated

Sorry I thought I’d made it clear that it was the several months period between IB being suspended then stopped as a result of the investigation right up to the recent claim for ESA

It’s this inbetween period I don’t know what to advise about.  Can’t make backdated claim for JSA as he’s not currently claiming this. Late claim for the ‘current’ ESA claim would be for limited period and in any case I doubt if he could get the sicknotes now.

I can’t see it would be possible to make a retrospective claim for JSA so can only think of a possible be ex gratia or ex statutory payment for misrepresentation but I don’t believe this would be paid.