I have a client who was in hospital and unable to claim UC his partner who has no recourse to public funds and very limited English submitted a claim in march
They have accepted one client has medical certificates but the other was nor therefore no backdate
the partner made several attempts over the period to claim and contact UC but was unable to do so due to Covid restrictions and her lack of English and IT/phone internet etc
‘‘In the case of a claim for UC made by joint claimants, the prescribed time for claiming is not to be extended unless both claimants satisfy the above prescribed circumstances.
We accept that you have medical evidence covering the period in question and you spent some of this time in hospital. However this does not apply to both members of the joint claim. Therefor although one of you has a health condition, this does not apply to both claimants and the reasons that prevented you claiming earlier cannot be said to apply to both claimants for each day between 21 March 2020 and 03 May 2020. ‘’
If the partner is NRPF, then the claim is not a joint claim, its a single claim by the sick partner see reg 3(3)(e) UC Regs. Therefore only the sick partner needs to show reasons for the delay in claiming.
thanks, she has now been granted leave to remain with recourse and they have paid as a couple, they journal showed reclaim made in March but no contact by DWP to partner to update information or complete anything.