Advised to apply for incapacity even though I wanted job seekers - denied! What to do

daz100

Do I have any luck of getting back dated pay

ukdickie31

The JSA rules would not allow you to claim JSA if you would have been unable to look for work for a period exceeding 14 days. Depending on your discussion with the adviser, the information given to you regarding JSA may have been correct.

Applying for Incap may have been the most appropriate advice.

shelovestobuystuff

You can get it backdated for a maximum of 3 months as long as Doctors support with eveidence that you have been ill for that time and as long as the benefits dept agree that you have a valid reason for putting in a backdated claim.

daz100

That is correct no NI history. Which they knew at the time and reason for denial so nothing I can do.

ukdickie31

You could write in and claim for loss due to Misdirection. You would have to be able to show how you were misdirected and support this with any evidence you have.

Misdirection may be the route to follow.

Without this, the normal backdating rules won't offer much assistance as you backdating is limited to a set period as explained in posts above. You are looking at a period 6 months ago. 3 months is the backdating limit.

daz100

Misdirection seems right

damo73_2

if you can prove that u were given the wrong advice claim IB & IS & request backdating for the max 3 months law allows