JSA - Backdating Question

supermonkey

Hi all,

Have this week had an interview to do with Job seekers Allowance.... have been out of work for a few weeks and didn't realise how important it was to claim straight away.

I've been given a form to backdate but they said it's not likely it will go through unless I have a very good reason why I hadn't already claimed

I think I have a good reason - I though i'd get a job more quickly and didn't want to claim unless I had to. I also thought if this didn't happen, it'd be easy to backdate it. I now realise it may be a while before I get work so I could really do with the money!

Horace

Put the date on the form when you became unemployed and state that the reason for not claiming sooner is that you thought you would walk into a job and that hasn't been the case.

Good Luck.

ukdickie31

You have to satisfy the Claim and Payment Regs to get backdating.

Not being aware of the importance of claiming straight away, or even as above, hoping to be in work sooner, won't satify the regs.

Sorry to be the bearer of bad news, however as they say, expect the worst and anything better is a bonus

chinagirl

I have to echo ukdickie, there are scarse reasons good enough to warrant a positive backdating decision. For instance, if you tried to ring the claims hotline and it was out of order, this might get you a positive decision, but if you just did not know you should ring, this would not be acceptable. I work for DWP, so know a bit about this.

supermonkey

thanks for all your help, much appreciated!

that is frustrating... i'm sure if it were the other way round and i owed the governement money it would be backdated!

other benefits like housing / council tax benefit can be backdated so i assumed this could be too! i know i should have checked, but my internet was playing up for a few weeks.

dag_2

You have to satisfy the Claim and Payment Regs to get backdating.

Not being aware of the importance of claiming straight away, or even as above, hoping to be in work sooner, won't satify the regs.

Hmm. I've heard this a number of times - but what actually are the regulations?

I could be wrong here, but if you can prove that someone from the DWP actually told you that you don't need to register your claim straight away, then they might allow it.

Similarly, you may be allowed to backdate if you can show that you have language difficulties. To my way of thinking, if you don't understand how the system works, then that in itself implies that there are some communication difficulties somwhere!

But like UKD says - I'm pretty sure that hoping to start work sooner doesn't count.

Still - if you think they should have backdated it and they don't, then you can always appeal. But, to be honest, I'd suggest you have a word with someone from Citizens Advice from the outset, to give yourself the best possible chance.

To be honest I think you probably won't qualify if what you say is true - and perhaps more importantly, if what you say here is also what you say to them. But if you think there's just a remote chance I might be wrong on that, then get onto the CAB about it sooner rather than later.

Indeed ...

but my internet was playing up for a few weeks.

... if you honestly had no means of contacting the department, then I think that might count for something.

dragonfly2008

They can only back date so far can't they, i mean, that far its almost pointless ? And i was told i would need to prove i've been out of work during that time.

I just thought sod it.

ILGPink

you can back date upto 3months; however 2b honest jsa claims are hardly ever backdated as you need to have a realy valid reason as why claim not done sooner. and unfortunatly thinking you would get a job sooner or that you were unsure of what to do are not classd as good enough reasons.

also not having a phone to ring doesn't really make them give it either as now they are an 0800 number they expect people to be able to contact anywhere from a landlines as its free; and jobcentres have designated phones that customer whom are of no fixed abode (homeless) can ring from. so all in all i think the advice you have been given is correct.

soz 2again be bringing the bad news. the advice i always give peolpe is even if you think u wont need it . claim it as its so much easyer 2stop it rather than backdate it as they are so tight with the regs now.

goodluck tho:D

SCOYA

Hi Supermonkey, from personal experience, DWP won't accept the reason "I thought I'd have another job sooner", the exact same thing happened to me last January, they refused to back date for 3 weeks. Sorry to be the bearer of bad news. Hope you get another job sorted soon though.

cjamesme

Hi,

I am trying to backdate my JSA claim for 3 months and I have a valid reason but dont know whether they will accept it. I suffer from anxiety and sometimes cant go outside, it comes and goes and basically relates to my confidence. I suffered with it in school and didnt complete my GCSEs due to the same problem.

Do you think this will suffice as a reason for me not claiming sooner?

Thanks

clairec79

No Cjamesme - if you had anxiety and couldn't go outside they'd argue you weren't able to be seeking work etc - you may be able to claim incap (and therefore IS) though