Help with appeal please

mishmash

HI I am posting on here on behalf of my friend.

She gave up work due to child care issues in September. She thought she was unable to claim benefits for 6 weeks as she had given her job up. She needs to find somthing closer to home as her travelling time to and from work was 3 hours a day and she is a single mum of 3 children.

After 6 weeks (of her really struggling) she contacted the agency by telephone to be told she was entitled to Income support and did not need to wait, she was told she could claim backdated IS. It took a further 2 weeks for her appointment and another week to get her first payment. She had hoped she would find employment quickly and did not realise she could claim, this was the reason she gave for requesting a backdated payment.

She was told that she could claim either JSA or IS but was advised to calim IS, which she did.

Anyway she got her letter yeaterday and there is no mention of the decision to backdate just saying it would be paid from the date of her telephone call. She rang to queery (as it indicates on the letter) and they said her request had been refused as it did not meet the criteria. They said she could appeal but could not tell her what the criteria is.

She has not claimed benefits before and has always worked, she is finding it really hard. She has notified the tax credits people who will only backdate her child tax credits from the day she gets income support. She is over her overdraught facility and is really struggling,.

Can anyone tell me what the grounds or criteria are for backdating a claim to see if it is worth her while appealing, it is fair to say the staff have been most unhelpful.

Thanks in advance for your help.

Mish

dmg24

The main grounds for appeal are that she was misadvised as to her entitlement, or that she was unable to claim early due to e.g. illness or other extreme circumstances.

TBH I doubt that her claim would be successful, as she did not have good reason for not claiming earlier. Sorry x

nissan25

agree with DMG - unfortunately the benefit laws and regulations do not allow for ignorance (as it is determined) of material fact. basically this means there was nothing preventing the claimant from enquiring with dwp, citizens advice or even making a claim to benefit. not knowing / not sure is no grounds for backdating or appeal.

natalie1980_2

mishmash wrote: »

HI I am posting on here on behalf of my friend.

She gave up work due to child care issues in September. She thought she was unable to claim benefits for 6 weeks as she had given her job up. She needs to find somthing closer to home as her travelling time to and from work was 3 hours a day and she is a single mum of 3 children.

After 6 weeks (of her really struggling) she contacted the agency by telephone to be told she was entitled to Income support and did not need to wait, she was told she could claim backdated IS. It took a further 2 weeks for her appointment and another week to get her first payment. She had hoped she would find employment quickly and did not realise she could claim, this was the reason she gave for requesting a backdated payment.

She was told that she could claim either JSA or IS but was advised to calim IS, which she did.

Anyway she got her letter yeaterday and there is no mention of the decision to backdate just saying it would be paid from the date of her telephone call. She rang to queery (as it indicates on the letter) and they said her request had been refused as it did not meet the criteria. They said she could appeal but could not tell her what the criteria is.

She has not claimed benefits before and has always worked, she is finding it really hard. She has notified the tax credits people who will only backdate her child tax credits from the day she gets income support. She is over her overdraught facility and is really struggling,.

Can anyone tell me what the grounds or criteria are for backdating a claim to see if it is worth her while appealing, it is fair to say the staff have been most unhelpful.

Thanks in advance for your help.

Mish

I dont know much about IS but ask for form GL24 "If you think our decision is wrong" fill it in asking for a reconsideration and if necessary an appeal, if you ask fir a reconsideration first a decision maker will look at it and might revise the decsion failing that it will be passed onto the appeal service but you have to use the phrase "reconsideration and if necessary appeal"

dmg24

natalie1980 wrote: »

I dont know much about IS but ask for form GL24 "If you think our decision is wrong" fill it in asking for a reconsideration and if necessary an appeal, if you ask fir a reconsideration first a decision maker will look at it and might revise the decsion failing that it will be passed onto the appeal service but you have to use the phrase "reconsideration and if necessary appeal"

There is absolutely no point in doing this. The claimant did not have good cause for not claiming earlier, there is no grey area in a case like this.

zappster1966

I agree. An appeal is pointless. Ignorance of the benefit rules isn't a sufficiently good reason to have a claim backdated & an appeal on such grounds will fail.