Can Unemployment Benefits be Backdated?

pennypincher3562

Hi

UPDATE - sorry I've just realised I've posted this in the wrong forum!

About months ago I walked out of my work for a variety of reasons. At the time I did not think I would be eligible for benefits, and started to try and setup my own small business.

6 months later and the small business is creating nowhere near enough income that I can live off.

If I went and signed on next week, could any unemployment benefit due be backdated?

Whilst it was my choice to leave my employment, I was thinking maybe I had valid reason to in eyes of the benefits office e.g. bonus payments were being delayed/withheld by my employer.

Any advice would be appreciated.

Cheers
PennyPincher3562

bowlhead99

There are probably better sub-forums than this pensions / retirement planning one, in which to be asking the question...

I would have thought that if you were devoting your time to establishing and running your own business, you were not genuinely available for other employment and were not an active job seeker who needed a job seeker's allowance.

Also whether or not you were genuinely available for work and actively seeking a job six months ago, if you didn't choose to tell anyone and go along to your jobcentre and make your claimant commitments about what steps you would take to look for a job, it is a bit late now to go along and say ah yes I have been doing all that stuff honest guv, can we backdate it please.

Still, no harm trying (apart from wasting your time and theirs). But as one of the people fortunate enough to be in employment and paying for the benefits system to exist, I would rather you didn't waste their time which I pay for, so would prefer you not to try it on. Sorry if that makes me sound insensitive.

pennypincher3562

Hi BowlHead

Yes, I realised after that I had posted in wrong sub-forum, but I'm afraid I can't move the post (maybe a moderator can.)

I can understand your point of view, but only to a certain degree. I left a company in a state of chaos - constant sackings, resignations, bonus pay delayed for months, etc. I was the longest serving employee in the company, and it was not an easy move to quit.

Also, I've been in constant employment for decades, and in recent years paid very large amounts of tax. If I temporarily claimed benefits, I'd simply be reclaiming a tiny portion of the hundreds of thousands I've paid in tax.

The failed self employment effort was me actually trying to avoid signing on. So to cut a long story short, I believe I'm right to try and reclaim some of the taxes I've paid. It would only be temporary, as I'm certainly not the 'benefits type.'

I'm pretty sure the benefits office will have some pretty rigid rules to weed out those who are genuinely 'trying it on.'

If I can't backdate it, I can accept that. However after 6 months of no income, I really do want to tap into the welfare support system that I've paid large amounts into.


Cheers
PennyPincher3562

p00hsticks

What made you think you wouldn't be eligible for benefits ? For JSA, there are is a legally defined set of reasons that permit JSA to be backdated for no more than three months - for example, if you actually contacted the DWP and they told you incorrectly that it wasn't worth you putting a claim in because you wouldn't qualify, then that would be good grounds for getting it backdated.

But the reasons you give (that you simply didn't think you would be eligible) isn't one of those. And the facts that you a) voluntarily quit your job and b) set yourself up as self employed during this time could well mean that you wouldn't have been eligible for JSA during that period anyhow.

You may find that now you'd need to apply for Universal Credit rather than JSA - i'm not sure what the rules on backdating UC are, but they're probably similar

pennypincher3562

Hi

There were several reasons I never signed on immediately. The main one being that I thought my business idea would work, and signing on would be a dis-incentive to make it work. I wanted to focus on one thing - my business idea.

I also thought the benefits office would knock back any claim as I voluntarily quit, plus at the time had decent savings.

Anyway 6 months later, I'm beginning to accept my business ideas have failed. Obviously my savings are now substantially depleted, and I really need to take a different route.

I'll definitely visit the benefits office as I genuinely feel I'm doing nothing wrong and just trying to reclaim some of my own money at a difficult time.
I just came on here to do some fact finding. I've only signed on once in my life decades ago after finishing my studies, and of course the world has totally changed since then.

I will also be looking into casual labour type jobs for restaurants, delivery companies etc.

I'm still trying to make my 'business idea' work, but the income is non-existent. With non-existent income in a self-employed role, am I eligible or not for income support?

Thanks
PennyPincher3562

p00hsticks

pennypincher3562 wrote: »

With non-existent income in a self-employed role, am I eligible or not for income support?

Unless you're a single parent with a child under 5, or a carer, then you're not going to be eligible for Income Support.

Your options are likely to be a combination of some of the following

Housing Benefit (if you live in rented accomodation) and Council Tax support from your local Authority, Working Tax Credits from HMRC and/or Job Seekers allowance from DWP.

Or, depending on wher you live, you may find that JSA , WTC & housing benefit have been replaced by Universal Credit (point of contact for applying being the jobcentre)

This website gives an idea of what you might be eligible for
http://www.turn2us.org.uk/benefits_search.aspx

pennypincher3562

Thanks a lot, will check it out.

PennyPincher3562

atush

I would think you would have been better off going down the tribunal route for constructive dismissal? Have you made a claim in small claims court at least?

EdGasket

pennypincher3562 wrote: »

If I went and signed on next week, could any unemployment benefit due be backdated?

You've got two hopes and one of them is Bob!

(..and if you haven't heard that one, the other is: No Hope)

pennypincher3562

Hi Atush

Thanks. I'll be honest I don't think it was 'constructive dismissal.' From my understanding 'constructive dismissal' is when an employer intentionally makes your daily job such a misery, you have little option but to walk out?

In my case the management in a mad dash to make as much money as possible, caused them to forget about the staff (leading to scores of them leaving or being dismissed.)

I don't think there was any deliberate attempt to get me to leave, though I do reckon I would probably have been let go a couple of months after I walked out.

Cheers
PennyPincher3562

atush

I would imagine not paying bonuses promised would fall under that category. Get an initial consultation with an employment lawyer.