ESA and backdating

I’d tend to agree with Tony on this one.

You could tell the support worker that he’s lucky it’s ESA with automatic 3-month backdate, as under the shiny new mythological Universal Credit, he’d only get 1-month….

The support worker wanted me to write to the NHS trust to make a complaint of negligence against their welfare benefit adviser, and i dont even have all the facts!

I politely declined.

This begs the question : what does a support worker actually DO?
Apparently his “Support” worker is not allowed to help in completing DLA/ PIP, ESA50s or even write to organisations on his clients behalf : he wanted me to do everything! (moan moan whinge rant)

Chances are his partner was getting the couple rate of JSA anyway when he got sectioned, so the benefit was already in payment, and his wife has had his chunk of their benefit when he was in hospital.

Thanks for the replies fellas, as always.

Tony Bowman - 12 November 2013 06:40 PM

I got nothing except hunting around for something that might have been a claim, or ought to have been treated as one.

Give the support worker a copy of the appropriate regulation and tell him to give you a break - you’re just the messenger. Job’s stressful enough thankyouverymuch.

I don’t think it helps this particular case but I seem to remember a case where an extra backdating was allowed because a security guard in the DWP office told the claimant he would not get the benefit and there was no point in applying. The claimant made a successful claim at a later date and a commissioner held that it could be backdated to the day the the claimant first went to the DWP office as that was when the person had intended to make a claim but was deterred from doing so by an employee of the DWP (the security guard) - I can’t seem to find any reference to this case and I am beginning to think I imagined it. Does anyone else remember it or is my memory playing tricks?

Pete C - 13 November 2013 12:19 PM

I don’t think it helps this particular case but I seem to remember a case where an extra backdating was allowed because a security guard in the DWP office told the claimant he would not get the benefit and there was no point in applying. The claimant made a successful claim at a later date and a commissioner held that it could be backdated to the day the the claimant first went to the DWP office as that was when the person had intended to make a claim but was deterred from doing so by an employee of the DWP (the security guard) - I can’t seem to find any reference to this case and I am beginning to think I imagined it. Does anyone else remember it or is my memory playing tricks?

Is it CIS/610/98? Apparently it is on rightsnet somewhere but can’t seem to find it by searching anyhow, so have attached.

Paul_Treloar - 13 November 2013 01:11 PM

Pete C - 13 November 2013 12:19 PM

I don’t think it helps this particular case but I seem to remember a case where an extra backdating was allowed because a security guard in the DWP office told the claimant he would not get the benefit and there was no point in applying. The claimant made a successful claim at a later date and a commissioner held that it could be backdated to the day the the claimant first went to the DWP office as that was when the person had intended to make a claim but was deterred from doing so by an employee of the DWP (the security guard) - I can’t seem to find any reference to this case and I am beginning to think I imagined it. Does anyone else remember it or is my memory playing tricks?

Is it CIS/610/98? Apparently it is on rightsnet somewhere but can’t seem to find it by searching anyhow, so have attached.

Thanks Paul, this is definitely the case I remembered, its nice to know that despite increasing age at least some of my memory is intact.

hi - not sure CIS/610/98 is on rightsnet - well, if it is, i don’t know where - but thanks to paul for attaching copy - it’s also available on UT website -

http://www.osscsc.gov.uk/Aspx/view.aspx?id=1479

cheers ros

Just a thought, was the client claiming any benefits (for example JSA) prior to admission to hospital? If so, were DWP notified of admission by anyone around that time? Hospital/family/support worker?

If they just closed down previous claim despite such contact being made then the client may have a case for arguing incorrect decision made if entitlement to another benefit existed and they ‘knew’ they were in hospital.

May be worth considering….......