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    • calleyw
    • By calleyw 30th Oct 08, 3:00 PM
    • 7,358 Posts
    • 11,942 Thanks
    calleyw
    • #2
    • 30th Oct 08, 3:00 PM
    • #2
    • 30th Oct 08, 3:00 PM
    Can anyone help

    i recently left full time employment but thought i couldn't claim job seekers allowance for a long period of time.
    A friend told me otherwise, so i put in a claim for back dated allowance. i have just received a letter saying that my excuse for not claiming earlier is not accepted and they wont back pay.
    Originally posted by Rodders69
    The most they ever back date is 3 months on benefits and then it has to be sort of exceptional circumstances. I would say DWP would say ignorance in other words not knowing you could claim is not a good enough reason.

    My husband had IB back dated by 3 months. But he was in hospital for 3 and half months after a stroke. Claiming benefits as you can imagine was not top of my list of things to do.

    So you really don't stand much of a chance.

    Yours

    Calley
    Last edited by calleyw; 30-10-2008 at 3:03 PM.
    Hope for everything and expect nothing!!!

    Good enough is almost always good enough -Prof Barry Schwartz

    If it scares you, it might be a good thing to try -Seth Godin
  • cw18
    • #3
    • 30th Oct 08, 3:05 PM
    • #3
    • 30th Oct 08, 3:05 PM
    unless you can prove the benefits agencies mis-advised you!

    My DH was made redundant in 2000, and they told him he couldn't get anything. In early 2002 we discovered he should have had contributions based JSA so he put in a claim/appeal. They paid him the full 26 weeks worth in one payment, along with interest on it -- though it did take about 6 months to go through the process.
    Cheryl as of 31/05/15 : Frugal Living '15 (3400.11/10712)
    GC : Jul 174.60 / 253.10 : Yr 1521.20 / 2980
    NSDs : July 16 / 15 : Yr 119 / 180
    Sell 1000 : Jul 19.96 : Yr 179.91
    Crazy Clothes : 52.98.........Toiletries : 19 IN; 45 UU; 2 TA; 1 GA
    Biggest Losers : 7.6lb
    • calleyw
    • By calleyw 30th Oct 08, 3:12 PM
    • 7,358 Posts
    • 11,942 Thanks
    calleyw
    • #4
    • 30th Oct 08, 3:12 PM
    • #4
    • 30th Oct 08, 3:12 PM
    unless you can prove the benefits agencies mis-advised you!

    My DH was made redundant in 2000, and they told him he couldn't get anything. In early 2002 we discovered he should have had contributions based JSA so he put in a claim/appeal. They paid him the full 26 weeks worth in one payment, along with interest on it -- though it did take about 6 months to go through the process.
    Originally posted by cw18
    I took it to be that the OP had not even looked in to the situation as they say "but thought i couldn't claim job seekers allowance for a long period of time."

    Not that he has spoken to the Job centre and the computer had say no.

    But you are right if you miss informed by the benefit agencies then you have a right to appeal.

    Yours

    Calley
    Hope for everything and expect nothing!!!

    Good enough is almost always good enough -Prof Barry Schwartz

    If it scares you, it might be a good thing to try -Seth Godin
  • cw18
    • #5
    • 30th Oct 08, 3:21 PM
    • #5
    • 30th Oct 08, 3:21 PM
    TBH, I read it the same way -- but still thought the appeal process worth mentioning just in case
    Cheryl as of 31/05/15 : Frugal Living '15 (3400.11/10712)
    GC : Jul 174.60 / 253.10 : Yr 1521.20 / 2980
    NSDs : July 16 / 15 : Yr 119 / 180
    Sell 1000 : Jul 19.96 : Yr 179.91
    Crazy Clothes : 52.98.........Toiletries : 19 IN; 45 UU; 2 TA; 1 GA
    Biggest Losers : 7.6lb
  • Rodders69
    • #6
    • 30th Oct 08, 3:34 PM
    • #6
    • 30th Oct 08, 3:34 PM
    because i left work on a compromise agreement i thought i would'nt get anything for 26 weeks, as per their website, do you think i might have a claim
  • cw18
    • #7
    • 30th Oct 08, 3:40 PM
    • #7
    • 30th Oct 08, 3:40 PM
    no idea what a compromise agreement is, so can't ever hazard a guess -- sorry
    Cheryl as of 31/05/15 : Frugal Living '15 (3400.11/10712)
    GC : Jul 174.60 / 253.10 : Yr 1521.20 / 2980
    NSDs : July 16 / 15 : Yr 119 / 180
    Sell 1000 : Jul 19.96 : Yr 179.91
    Crazy Clothes : 52.98.........Toiletries : 19 IN; 45 UU; 2 TA; 1 GA
    Biggest Losers : 7.6lb
  • Emmzi
    • #8
    • 30th Oct 08, 3:52 PM
    • #8
    • 30th Oct 08, 3:52 PM
    Rodders, depends on amount and terms of agreement, They wont backdate, but I'd apply anyway - even if you get no JSA, you want your NI stamp paid, so do still go along asap!
    Debt free 4th April 2007.
    New house. Bigger mortgage. MFWB after I have my buffer cash in place.
  • Rodders69
    • #9
    • 30th Oct 08, 4:05 PM
    • #9
    • 30th Oct 08, 4:05 PM
    Thanks Emmzi

    agreement was for 6000 +, could they then say im not eligible for any benefits for a period of time. they have already agreed to pay ni and that im eligible for jsa but not back dated
  • healy
    because i left work on a compromise agreement i thought i would'nt get anything for 26 weeks, as per their website, do you think i might have a claim
    Originally posted by Rodders69
    I do not know if there would be sanction or not (between 2 and 26 weeks) but it is worth applying as you will be paid until a decision maker looks at your case. If there is a sanction you can appeal against this to an indepenedent tribunal.
  • Emmzi
    if they have said you are elegible for contribution bad jsa then presumably they are not imposing a sanction?

    confused, you can't be eligible AND sanctioned!
    Debt free 4th April 2007.
    New house. Bigger mortgage. MFWB after I have my buffer cash in place.
  • mcc28_x
    Hi,

    Sounds like you may have left your job voluntarily, so had you claimed from day 1 then a sanction of upto 26 weeks could have been imposed. If you are claiming outside of the 26 weeks LV action would not apply.

    Difficult to say if you would have been sanctioned based on the info given and as you have discovered backdating is quite strict.

    Mark
    ================================================== ==
    mcc28_x

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