Backdating JSA help

jimbob123ABC

I was a carer for my parent receiving carers allowance until March 2024.  In May 2024 I submitted an application for JSA and UC.  After a lot of back and forth, I became a dual claimant.  I asked the DWP to backdate the JSA claim to when the Carers allowance finished.  I did this because the law provides 1 month back dating in the event of the death of a close family member and 3 months backdating if you are a carer.  Naturally I assumed the receipt of carers allowance would mean that I am entitled to 3 months.

Originally, the DWP provided only the backdating for the NI contributions and did not make payment.  I made a mandatory reconsideration and now I understand that they have decided to not allow the backdating and have removed the backdating of the NI contributions as well.

I am thinking about submitting an appeal to the tribunal - however, I don't want to go through all that stress if it isn't worth it.  

What does everyone think are my chances to win at tribunal?

pmlindyloo

Did you receive any 'run on' of Carer's Allowance after March 2024?

If you did this that would be why you are not eligible for the contribution based JSA.

CA and contribution based JSA are what they call overlapping benefits and you cannot receive both.  

I am guessing that you are under 25 so your CA would be more than your contribution based ESA.

Also CA gives you class 1 NI contributions so if you got the 'run on' you would have received them already.

Please let us know if any of the above isn't correct and we can comment further.

jimbob123ABC

pmlindyloo said:

Did you receive any 'run on' of Carer's Allowance after March 2024?

If you did this that would be why you are not eligible for the contribution based JSA.

CA and contribution based JSA are what they call overlapping benefits and you cannot receive both.  

I am guessing that you are under 25 so your CA would be more than your contribution based ESA.

Also CA gives you class 1 NI contributions so if you got the 'run on' you would have received them already.

Please let us know if any of the above isn't correct and we can comment further.

Hi There, thanks for the response.  The eligibility to carers allowance finished at the end of January.  There was a run on period to March 2024.  I am over 25 (47).

huckster

The decision should be issued by letter to you and when received you can get advice about the reasons they have explained in the letter.  The letter should quote legislation and information they have used, but of course sometimes errors happen, if for example they have based decision on wrong information.

So wait for decision letter.

jimbob123ABC

HI - I have the result of a mandatory reconsideration in respect of New Style JSA contributory which they have declined my request to backdate the claim.  The background of the situation is:

1. I had carers allowance which ran on to 19 March 2024, this was after the death at the end of January.
2. I submitted a claim requesting it to be backdated - the basis for the request and also the reconsideration was that although in the event of a death of a close relative, 1 month backdating is allowed, because I was a carer in receipt of carers allowance, the requirement to be a carer allows me to claim up to 3 months.
3. I made the claim in May and so that is well within the 3 month period.

They have rejected it on the basis that because the death occurred in January, I was able to make the claim earlier.  They seem to ignore the 3 month carers allowance requirement.  I also made the point that they say you can not claim both carers and new style JSA contributory - they've responded and said you could have claimed and they would have paid the higher amount.

I am thinking about pushing this to a first tier tribunal on the basis that because of the run on period of carers allowance meant that I was still a registered carer as at March and therefore, this allows for an application to be made and backdated from June.  

What does everyone think - is it worth it?

MSE_ForumTeam5

We've combined two threads as it's usually helpful for people responding to see the full context

Jyana

Have you shown them proof of your job searches during that period? That is one of the items they will definitely want to see when making their decision on whether you are eligable for the period you want it backdating to. 

If you were informed by a member of their staff that you couldn't claim both Carers and JSA at the same time then that could be one of the reasons they may possibly accept. But you would need to say when/who/where you were told this incorrect information in order for it to be used as evidence in your case. 

kaMelo

I suspect the three months they are counting are from the date of death rather than the date you finished receiving carers allowance, which is why they say you're out of time.

I don't know the specifics of the legislation but the wording of that should clarify which date applies.