How long can JSA be backdated for?

kitkatt1982

Hi, I'm asking a question for a friend.

She was a single foster carer for a period of ten years during which time she was entitled to claim income support (as payments were made for the children she cared for as an allowance, not an income). Having no experience of the benefits system, she assumed she was eligible for income support for the entire duration that she was 'employed' as a foster carer as she was unable to work due to the commitments to the children. As such, she didn't inform DWP when three children she cared for moved on to adoption in April 2010. Three months later she decided to finish fostering and seek employment so informed DWP and submitted a claim for JSA. She provided all information required.

6 months later, she recieved a letter stating that she was not entitled to claim income support for the three months prior to claiming JSA due to having no children actually in her care (although children could have been placed with her at any time) and subsequently had been overpaid. When contacting DWP, was simply informed not to worry and that JSA would seek to recouperate IS from their department. Then when a demand for payment arrived, was advised to appeal the decision. Appeal was finally heard last week and rejected on the grounds I've described. They have advised her to request a backdated claim for JSA, but is this possible as was nearly two years ago? Thanks for any advice

muddyl

It can be back dated to whatever they want as far as I an aware, but they dont like to do it.

When I lost my previouse job I moved back to my home town, 200 miles away. I put in a claim 3 days later from the date I finished work. They asked why the delay to which I told them I had moved a good distance and needed to get sorted. They said this was not a good enough reason and refused to back date it 3 days, pretty petty in my eyes.
They seem to do all they can to get out of paying you.

If your friend kicks up enough of a fuss she may get it, but expect to fight for it.

dookar

It can be backdated three months should you be able to show good cause for not claiming earlier. The law does not allow backdating for a further period no matter what your reasons.

You have to satisfy the law in order to backdate for any amount of time - no pettiness involved and no fighting will change anything if you don't satisfy it.

Tazz214

It can be backdated 3 months, however this will be more difficult as it sounds like she has already for a while. You would first have to provide detailed information about why she did not claim earlier AND also provide proof of exactly what she was doing to look for work during that 3 months. It would then be sent to a decision maker and speaking with experience as a personal adviser for jobcentreplus it is very difficult for backdating to be allowed, each case is looked at individually and stcrict guidelines are followed.

rogerblack

Can't it only be backdated if you were seeking work?

AimeesMum_2

That would be my understanding too RogerBlack - Surely the job centre would need to satisfy themselves that for the 3 month period she was seeking employment and as you have said that she wasn't, I can't see it being awarded.