Backdating Income Support?

WYBMADIITY_2 · 17 February 2006 at 4:06PM

Would be grateful for any help!

I separated from my husband in October, long-term disabled and unable to work, 3 children. In receipt of IB, DLA, CTC and Housing Benefit.

Was previously told I should apply for Income Support, but did not as there is a risk of violence and/or harrassment from my ex who lives very nearby, and I did not want the IS claim to trigger the automatic involvement of the CSA.

However, I'm struggling to make ends meet and really need the money, and have now been told if they don't allow an exception due to his behaviour, I can just refuse to co-operate with the CSA but will lose some money, which I am prepared to do if necessary.

What is the possibility of getting the IS backdated to the original date of separation, as not only was I given the wrong info at the time, but I've really been too poorly to do anything about putting in a claim before now.

Many thanks
wyb

exil · 17 February 2006 at 4:32PM

Seek advice from CAB.

Here is something from One Parent Families Scotland

"If you claim Income Support or Income Based Job Seekers Allowance your application will automatically authorise the CSA to ask the NRP about their income. Refusal to co-operate can result in a benefit cut of £22.26 a week for three years. This penalty can be repeated indefinitely. You can appeal against a benefit cut.

You can claim 'good cause' exemption. This means that you can refuse to allow the CSA to assess maintenance on your behalf if you can show that such authorisation would cause '... harm and undue distress' to you or your children. If you want to claim 'good cause' exemption, tell the Child Support Officer about your reasons, which can include the risk of harm or distress as well as actual events. You have a right to be believed unless what you say is 'inherently contradictory or implausible.' Contact OPFS or a local CAB if you want further advice."

So - you probably have a good case.

Even if yr appeal is refused, you would still get the single person's IS minus £22 which is I think £34. Backdating - don't know, contact CAB.

If your ex isn't well off you wouldn't get much maintenance anyway, might be only £5 if he is on benefit.

CIS · 17 February 2006 at 4:35PM

Backdating can usually go to three month, providing you have a valid reason, if you can prove mis-direction , that is a valid reason for sometimes backdating further than 3 month.

If you also have a good reason for not involving the CSA then you may not be penalised with your IS.

Best thing to do is too put in a claim and attach the extra information to say why you want a backdating and to when.

WYBMADIITY_2 · 17 February 2006 at 7:15PM

Well for everyone else's information, just found out something quite interesting.

A welfare advisor attached to my local Social Services said the CSA will not be able to force me to co-operate. Apparently as I will have a Disability Premium included in my Income Support award, they are not allowed to deduct any money from me for refusing to give his details.

Hope someone else might find that useful for the future.

Wyb

CIS · 17 February 2006 at 7:29PM

That good, if they where able to penalise you, it could have been up to about £20 they reduced your IS by.

Money_Bunny_4 · 17 February 2006 at 7:58PM

Backdating income support can be done but it does take a fair bit of time and patience.

As already mentioned - contact the Citizens Advice Bureau, they really can help and understand the benefits system and jargon much better than most people.

I had to go to a tribunal to have income support backdated a couple of years ago, my delay in claiming was due to the death of my grandmother. IS said that I couldn't backdate the claim as my grandmother wasn't a close enough relative!!! Thankfully The man who conducted the tribunal decided she was and I won my case. Wasn't a lot of money that I was owed back but each little bit can help.

Good luck.

As for the CSA.......don't even get me started on them!!!!!!!!!!!!!!

Anthillmob · 17 February 2006 at 8:07PM

froma work point of view housing and ctax benefit can be backdated more than 3 months in "exeptional circumstances". you must put your request in writing and give good reason why you did not claim earlier. to get any chance of a consideration prove any information and proofs that you have. sometimes a letter from a solicitor helps more than just a letter from yourself. this is only sometimes though.

one thing to remember in all cases, or certainly at work with regards to backdating HB and CTB, each case is decided by the officer who makes the final decision. so if you get a complete "!!!!!!" making the final decision on your case then they will probably turn you down because "they can". sad but very true. in any case though you can appeal and even take it as far as an appeals tribunal.

once you appeal the original officer who made the decision cannot make a decision on your appeal and therefore it could be overturned.

TBH its the luck of the drawer on who assesses your case. ive said "no" to some people before now only to have a colleague overturn my decision.

EDIT - im not an !!!!!!. i just know a bunch of lies when i see them and other colleagues "turn a blind eye" because they feel sorry for the claimant. in my eyes and IMHO it shoudlnt be like that because then we may as well give money away willy nilly. thats my opinion though. for instance in the case of a DHP i saw £15 per week in electricitiy an excessive amount to be paying (i took into consideration that i pay £20 per month for mine) but a colleague over-rided my decision as she thought i was being mean.

davieb71 · 17 February 2006 at 10:48PM

there is something called a Severe Disability Premium although, as i understand, this would be paid through Income Support. telephone 0800 88 22 00 for the benefits enquiry helpline
Concerning other areas i believe a letter from your doctor would also be beneficial to your request as they know what you are going through better than anyone.
May i also point out that there are Grants available for certain improvements to your home, should you need it, to improve your home with adaptions etc. Go to https://www.direct.gov.uk look for the disabled persons section and then the home and housing section.

WYBMADIITY_2 · 17 February 2006 at 11:56PM

Thanks everyone, hoping to get it sorted as have my GP on side and also social worker who provides carer.

So fingers crossed I won't need to rile the ex, but should be about £33.15pw better off, which is a small fortune to me just now!!

And yes I'll qualify for the Severe Disability Premium, thanks davie.

Thanks all once again, I'll let you know how I get one!
Wyb

WYBMADIITY_2 · 10 March 2006 at 6:15PM

Just an update on my situation. Wrote an accompanying letter with my form A1 for Income Support, explaining they refused to send out the the forms originally because I had too much money coming in from Incapacity Benefit, but didn't check to see if I was eligible for the Severe Disability Premium.

Good news is this has been accepted and IS has been backdated 3 months to 18 Nov, so that's a huge help. And as I have the Disability Premium, they aren't going to conduct a CSA interview becasue they know even if I don't co-operate they can't deduct money from me anyway.

So a good result all round, and lots of it thanks to you peeps!!

A very grateful
Wyb :j

Backdating Income Support?

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