Fun with backdating

Claimant on IRESA/Tax Credits separates from partner.

Calls HMRC, who end her award and say she will get CTC as a lone parent - but SDP Gateway does not apply.

Many weeks later, it becomes clear she should have been told to claim UC - so she does.

Requests a backdate on the grounds of disability (exacerbated by incorrect advice) requesting the child element she has missed out on.

DWP refuses, initially giving no reasons at all on the decision.

They have now clarified - IRESA was paid up to the day before the UC award began as the change in circs never stopped her IRESA, therefore there is nothing to backdate.

I’d have thought a UC backdate was possible on Reg 26 disability grounds, with any IRESA taken in to account as income under Reg 10 Transitional Provisions -?

Any thoughts?

I think you are right that the continued payment of irESA is irrelevant to the question of whether her UC can or should be backdated.

Agreed: the commencement orders provide for ESA(ir) to be abolished from any day in respect of which UC is claimed, so the abolition could be retrospective with TP Reg 10 dealing with the overlap.  This case demonstrates why you need that rule: if the rate of UC will be higher than the rate of the overlapping abolished benefit then why should you not be able to have it backdated in the normal way?

Thanks both. Finally got a detailed decision but it still doesn’t make sense - MR applied for.

I cannot recall a single backdating application where a proper decision has been made without a fight. They seem to look for reasons to refuse and ignore everything else.