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Backdating of a legacy benefit after an award of a qualifying benefit in full service UC
I appreciate some help with the following case as my knowledge on UC is not very good at this present moment, as I have returned from a long absence of sick leave and found UC went into full service in our area at end of April .
Claimant was claiming Income support on grounds of a carer . It was a joint claim and she looked after her disabled partner who was receiving DLA .
Partner was assessed for PIP and lost it . Consequently, claimant lost her carer’s allowance and income support ended in May 2017. PIP appeal is currently in process.
At the time the IS ended , claimant received information/advice not to claim UC and wait outcome of PIP appeal and IS and CA to be re- instated (as there were reasonable prospects of succeeding with appeal ) . No claim has been made for UC .
Claimant has managed to support her family with 2 dependants , with child benefit and child tax credits and some support from non- dependant children.
I have picked up the case and want to know what will happen in the event:
a) If PIP is successful and CA re- instated. She would need to reclaim in order to get backdating . However, my understanding is that it would not be possible for her to reclaim IS under the full service UC system . Is there any way she can without claiming UC?
b) If it is not possible to claim IS and she claims UC , then how will the backdating issue be resolved between both benefits ? Will IS be backdated from the date it was refused and paid up to date of UC claim ? Or, will she lose out on backdating if UC is claimed and backdated only to 1 month.
Claimant’s preference is to go back on IS as this is paid more than UC (the loss is the DP unless the partner can satisfy having LCWRA but that is another long story )
Rather than a new claim for IS, I think it will be revision of the decision to end the original award. There is nothing to stop that from being done in a UC full service area.
Thank you for the reply. An ‘anytime’ revision was discussed but was not sure if a reclaim was required.
Would be interested to know if the ‘anytime revision’ approach worked (assuming the qualifying benefit appeal was successful).