Case Law - backdating benefit

John2222_2

Any advice appreciated. I know that backdating all benefits is usually for a certain period only ie 6 months , 12 months etc but I was wondering if it may be possible to challenge these timelimits if you were entitled to a certain benefit say 10 years ago but through no fault of your own you did/could not claim it. Maybe if there was no way the DWP would consider then I suppose the only way to challenge would be to go through a solicitor by paying or maybe Legal Aid , John

salfordgirl

Legal aid is virtually non existant now so I wouldn't rely on that.

Secondly, the onus is on the claimant to apply for benefits, not for the DWP to guess.
Why did you/could not claim it at the time?

Poppie68

Hmmm good luck with that one!

tomtom256

Why did or could you not apply?

No fault of your own or ignorance would not be an acceptable reason.

Housing_Benefit_Officer

Back in 1989 I should have signed on for a few weeks unemployment - but I didn't. Could I now make a late application?

stevemLS

25 years late? Not a chance

von

There is a maximum prescribed time limit for backdating benefit depending on which benefit it is e.g. the maximum backdating for Income Support and Jobseekers Allowance is 3 months. These time limits are laid down in Law so if the benefit you want backdated exceeded the time limit then you will have absolutely no chance of having it backdated any further so I wouldn't waste your time trying.