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UC backdating - claimant told to claim IRESA in UC full service area

 

Andrew Dutton
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Derbyshire Welfare Rights Service

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Joined: 12 October 2012

Claimant was long-term carer for his mother, got IS/CA.

Mum died, he went to JC to askwhat to do – as he suffers anxiety he was told to claim ESA.

ESA eventually called him back to say he had ‘wasted his time’ in claiming, as IRESA no longer exists in his area as it’s UC full service and he must claim UC.

Claims UC and requests backdate.

Backdate refused as being misinformed isn’t covered by the rules.

Naturally I’m complaining and seeking compensation if the claimant was misled by DWP, but I also note the following:

He was sent notification of termination of his IS but this told him to claim JSA. I am seeking a copy of this letter, to confirm the wording. DWP may be able to argue he received the relevant notification, but what use is it if it gives incorrect information?

Reg 26(b) UC C&P Regs is dismissed in the decision (even though DWP agree he has a long-standing health problem) because the claimant made a mistake (which is a charming way to interpret matters), which the DM regards as having nothing to do with the health problem.

a/ how does the DM know this to be the case?

b/ The Reg says the client ‘has a disability’ and that is all. It doesn’t even define disability and doesn’t permit refusal to address the rule because the claimant made a mistake.


Arrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrg.