Help Needed - Bacdated IS Claim Refused Under Regulation 19

silaslang

Does anyone know what regulation 19 is?

I was refused a backdated claim for IS from sept 06. I became a university student in sept 06 and my IS was stopped, however under special cirmustances I was still entitled to the IS (I get a disability benefit).

I reapplied and was refused but after seeking advice from university welfare officers I reapplied and was awarded it in January 07. I then made a back dated claim which has come back refused under regulation 19. Can anyone shed anymore light on this and what should I do?

real1314

Reg 19 is the "claims and payments" part of the regs.

However in the situation you've described I'd suggest that what you should do is rather than ask for your current claim to be backdated, instead ask for the decision to disallow your previous claim to be reviewed as it was (according to what you say) incorrect in law.

If they refuse, write to them asking for compensation due to their failure to make the correct decision on your claim, which in effect constitutes mis-advice.

Really they should just review the incorrect decision, just as they would if you had failed to tell them something and it created an overpayment. The incorrect decision should not stand as it has no legal basis.

hth

silaslang

Thank you for this advice. I appreciate it loads.

It was me telling the advisors that I was entitled to IS under special circumstances and them saying I wasnt and I had to tell them to check etc. They definately wrongly advised me etc.