Backdate of JSA & Mortgage Benefit - 1st Appeal Refused

Competitions

Hello.

Recieved a letter today stating that our application to backdate JSA & Housing benefit a month has been refused.

We are not fussed about JSA but the request for backdating was based on an application to the council 1 month prior to cover council tax & housing benefit (yes, we were one of the many thousands, I assume, that tought "housing benefit" covered mortgage payments. Its all in the word "housing").

The letter doesnt say anything on it other than its refused & right to appeal. No grounds for refusal are mentioned. It does say call to "get in touch if you would like to no more about this".

So, being the efficient people we are, we got in touch & a customer service person said it was because of section 29 or section 19. They could not give us any further information.

Can anyone tell us what section 29 or section 19 is?

Thank you.


Just for your information a claim was begun on government direct website on the day before the council claim but it was abandoned part way through as there is no way of entering our circumstance on the website. It was a further 4 weeks before a claim was made over the phone & we realised we were entitled to both claim.

Also the council have said that they are refusing to backdate the claim of council tax to the date of the 1st enquiry & the date of the form they sent out for completion. Apparently they say they only take the claim from the following Monday when the form is returned. NICE....

Morglin

What they are telling you is right.

They generally only accept a claim from the Monday following their reciept of it.

If you want to appeal, then do it, but I wouldn't hold out too much hope - time restrictions are usually pretty rigid.

Lin

dmg24

It is the claimant's responsibility to ensure that they are claiming for the correct benefit. Therefore your claim for backdating would not be allowed.

I assume you are aware that there is a thirteen week waiting period for SMI, so you would not be eligible for payments immediately?

Competitions

Thank you for your replies.

Unfortunately the question I really need answering is:

Can anyone tell us what section 29 or section 19 is?

I wasnt sure about the council as someone I meet 2 weeks ago (a housing officer for council then housing association) said as the council tax/housing benefit form was dated by the council the date of the intial enquiry & no other information was enclosed it is pretty much a cert that they would have to backdate it because it gives the impression of the claim start date & if the date didnt matter then why put it on there?

Anyways info on where I can find the above sections would be well appreciated.

I will read further comments but what I am really after is the law references.

Competitions

dmg24 wrote: »

I assume you are aware that there is a thirteen week waiting period for SMI, so you would not be eligible for payments immediately?

You would of assumed incorrectly a couple of months ago.

But today you assume correctly.

dmg24

You need to start looking here. The link will take you to the Decision Makers Guide, and the relevant Law Volumes.

Competitions wrote: »

I wasnt sure about the council as someone I meet 2 weeks ago (a housing officer for council then housing association) said as the council tax/housing benefit form was dated by the council the date of the intial enquiry & no other information was enclosed it is pretty much a cert that they would have to backdate it because it gives the impression of the claim start date & if the date didnt matter then why put it on there?

The Housing Officer is wrong. The date of your initial application would not be relevant because it was still the wrong benefit, and therefore an invalid claim.

Although I appreciate you might like to know the answer out of interest (and I would be interested also!), I would not waste too much time on it, as the thirteen week waiting period will only start from when you are eligible for income based JSA. Therefore if your backdating request for JSA has been refused, your waiting period would not start either.

Could I ask why you did not apply for JSA at an earlier date? Pursuing this avenue (if there are grounds to) would be more fruitful for you financially.

tr82

Try here, it's the Jobseeker's Allowance Regulations.

http://www.opsi.gov.uk/si/si1996/uksi_19960207_en_1

Sounds like they're not treating you as actively seeking work for the period you want backdated.

dookar

tr82 wrote: »

Try here, it's the Jobseeker's Allowance Regulations.

http://www.opsi.gov.uk/si/si1996/uksi_19960207_en_1

Sounds like they're not treating you as actively seeking work for the period you want backdated.

I would imagine they were referring to reg 19 of the C&P regs