Can I request that my UC be backdated after passing habitual residency test?

deviantaxis

HillStreetBlues said:

Muttleythefrog said:

Agree with above.. surprised at their decision... immediate passing of HRT seems reasonable in the circumstances and given case law and guidance.

I expect the OP was on the IEC, the OP had a maximum stay of two years, It's basically a holiday visa that allows work, sadly I'm not surprised at their decision they could get so wrong.

You are indeed correct, I was on the IEC. As two years is the maximum period, I explained to the agent that it was not possible for me to return to Canada.

Thank you all for your help, it is very much appreciated. I will head to Citizens Advice tomorrow for help in requesting a Mandatory Reconsideration of my HRT decision.

Thank you!

@HillStreetBlues

@Northern_Wanderer

@Muttleythefrog

@huckster

huckster

This is not a clear area of benefit policy and each case is looked at individually.

From 1/1/14 Government did update legislation that applied at the time, saying that UK citizens away from UK for an extended period of time would have to go through HRT when claiming benefits on return to UK and there would be this 1 to 3 month period of time before they qualified for some benefits.  And the Citizens Advice website mentions this 1 to 3 months period of being in the UK. 

So will be interesting what the outcome of the MR appeal is. 

pmlindyloo

Glad to hear that OP is getting some advice from Citizens Advice.

I am wondering the following.....

1.  Can OP challenge the original decision after this length of time?  Did the refusal letter contain information about an appeal?
2.  What information did the OP provide to substantiate his UC claim?
3.  The OP said the letter advised to reapply in about 3 months?  What were the exact words?  Citizens Advice suggest you should apply again each week  (Getting benefits if you’ve recently moved to the UK - Citizens Advice)  Should the 3 months have been mentioned in the letter when 1-3 months seems to be the more appropriate wording?
4.  Perhaps asking for backdating might be the way to proceed in view of the above (no 3) although we do not have the exact dates of when OP first applied up to second application and award.  It may not be worth the hassle.

Northern_Wanderer

pmlindyloo said:

Glad to hear that OP is getting some advice from Citizens Advice.

I am wondering the following.....

1.  Can OP challenge the original decision after this length of time?  Did the refusal letter contain information about an appeal?
2.  What information did the OP provide to substantiate his UC claim?
3.  The OP said the letter advised to reapply in about 3 months?  What were the exact words?  Citizens Advice suggest you should apply again each week  (Getting benefits if you’ve recently moved to the UK - Citizens Advice)  Should the 3 months have been mentioned in the letter when 1-3 months seems to be the more appropriate wording?
4.  Perhaps asking for backdating might be the way to proceed in view of the above (no 3) although we do not have the exact dates of when OP first applied up to second application and award.  It may not be worth the hassle.

There are very limited circumstances that you can request a one month backdating when making a UC claim, this case isn't one of them.

A Mandatory Reconsideration can be lodged within 13 months of the decison, OP is after the first month recomended period for an MR but as OP did not know he would have been entitled to UC he can say that he did not know he should have been entitled to it until now.

The OP could have got UC from day 1 of returning to the UK as I mentioned before.

deviantaxis

pmlindyloo said:

Glad to hear that OP is getting some advice from Citizens Advice.

I am wondering the following.....

1.  Can OP challenge the original decision after this length of time?  Did the refusal letter contain information about an appeal?
2.  What information did the OP provide to substantiate his UC claim?
3.  The OP said the letter advised to reapply in about 3 months?  What were the exact words?  Citizens Advice suggest you should apply again each week  (Getting benefits if you’ve recently moved to the UK - Citizens Advice)  Should the 3 months have been mentioned in the letter when 1-3 months seems to be the more appropriate wording?
4.  Perhaps asking for backdating might be the way to proceed in view of the above (no 3) although we do not have the exact dates of when OP first applied up to second application and award.  It may not be worth the hassle.

Hello!

I'm not sure how to answer your second question, to be honest I don't remember everything they asked of me. I do however remember being called by a UC agent who asked me lots of questions about my time abroad, why and when I left, why and when I came back, my financial and familial ties to Canada, etc. I answered all of their questions truthfully, which is that I left because my visa expired and it was not possible to renew it, hence no possibility of return, and that I have no further ties to Canada — no job, no family, no houses, no belongings, nothing.

As for your third question, the three months figure came from the message I was left just before my UC claim was closed. After going back through my files, I have found the letter of explanation that I was provided which explained more about why I was refused, mainly that they considered that the UK was not my center of interest. Within, it states a period of between 1 to 3 months. Had I seen that, I might have applied sooner, so I guess that is indeed my fault.

I can attach the letter if you would like to read it.

I will try and ask for a reconsideration, they worst they can say is no.

Thank you all for your help, I really appreciate it.