Backdating claim dating in high school yahoo answers
The rules depend upon whether the claimant is of working age or pension credit age.
A claim for housing benefit for a claimant of working age can be backdated for a maximum of one month.A working age claimant must have a good cause (see below) for her/his late claim throughout the period for which backdating is requested.
Thanks Pippa I think it’s Reg 26(2)(b) that is your problem: not only must one of the circumstances set out in para (3) apply, that circumstance must have made it unreasonable to expect the claimant to make the claim promptly.
The issue for your client is what caused them to claim ESA alone without claiming UC as well/instead?
Well there’s nothing to lose I suppose but it sounds like a long shot to me. I think the problem is reg.26(4) (4) In the case of a claim for universal credit made by each of joint claimants, the prescribed time for claiming is not to be extended under paragraph (2) unless both claimants satisfy that paragraph. Even if they did accept your client’s diagnosis satisfied the disability strand say, what would the argument be in respect of the partner? I may move to a complaint more than an appeal possibly.
At each point they thought they were following the right course ( under challenging heath circumstances) because of what the DWP told them and yet there is no room for movement for incorrect advice from the DWP but if we get it wrong…...... UC PIP & JSA Regs 2013, Reg 26 gives the provisions for backdating a claim - But is there any timescale within which the backdate request has to be made?
Your claim can only be backdated for a maximum of one month.
I wondered because of the wording of regulations ( 26(1) of UC 2013) regarding backdating am I flogging a dead horse or shall I plough on see what a tribunal says?Useful tips and practical case studies are also included covering people who are employed and self-employed.Further details, including allowable expenses, eligibility and claiming back tax for past years are also on the HMRC website.S/he only needs to qualify for housing benefit and be of pension credit age during the period in question.If a claimant of working age can show s/he has 'good cause' (a good reason) for not making a housing benefit claim for a period during which s/he was entitled to it, the local authority must backdate the claim.Examples of good cause might include if the claimant: If the housing benefit claim is for accommodation in a hostel where the rent is payable on a daily basis, the claimant does not need to show 'good cause'.In all cases, housing benefit for a hostel is awarded back to the date that the claimant moved in.  reg 83(12A) Housing Benefit Regulations 2006 SI 2006/213 as amended by reg 3 Housing Benefit (Abolition of the Family Premium and date of claim) (Amendment) Regulations 2015 SI 2015/1857; HB Circular A3/2016. reg 64(1) Housing Benefit (Persons who have attained the qualifying age for pension credit) Regulations 2006 SI 2006/214 as amended by reg 5 Social Security (Miscellaneous Amendment) (No.4) Regulations 2008 SI 2008/2424. reg 64(1) Housing Benefit (Persons who have attained the qualifying age for pension credit) Regulations 2006 SI 2006/214. reg 83(12) Housing Benefit Regulations 2006 SI 2006/213. Part A2, para 2.510 DWP Housing Benefit Guidance Manual.