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UC Backdating - housing costs
Backdating UC.
Putting aside the general criteria for backdating UC (which I think we can argue) I wanted to know if backdating can occur in this scenario.
Client is part of a couple. Her partner was in receipt IR-ESA for both of them (in the LCWRA). Client & partner lived with her mother. Sadly the mother passed away on 28 March 2021. The mother was the tenant of a council property and was in receipt of HB. Client succeeded to the tenancy (and her partner is now also jointly on the agreement). Liability for the rent started from 29 March 2021.
Various complications with benefits since mother passed away. But client and partner did not make UC claim until 5 July 2021 to include housing costs. At the same time IR-ESA ended. They requested backdating of UC which has been refused. Can they pursue this in order to get housing costs backdated for 1 month even though the client’s partner would have had an entitlement to IR-ESA? Or is it not possible to seek backdating where the 1 month period would wholly fall into a period of entitlement to a legacy benefit (in this case IR-ESA).
They certainly can apply for backdating. The IR-ESA for that period would simply be treated as unearned income for the first UC AP.