Backdating of Income Support

Mackydees · 10 April 2010 at 10:18AM

Hi, hope someone can help. Are there any circumstances in which a claim for Income Support can be backdated for more than 3 months before the date of a new claim?

I'm being quoted "Regulation 19 (5) (b)"...but of what and where can I find a copy?

stazi · 10 April 2010 at 11:02AM

I would think it unlikely that an IS could be backdated that far back as JCP and the law would probably say "the need (for the benefit) has passed".
More info on the Decision Makers Guide is here-
http://www.dwp.gov.uk/publications/specialist-guides/decision-makers-guide/

dmg24 · 10 April 2010 at 1:01PM

The Regulations were changed in 1997, but s. 19(5)(b) of the 1987 Regs stated the following (taken from a Tribunal case):

Regulation 19 sets out the prescribed time for claiming any benefit. The relevant benefit in this case was Income Support and the prescribed time for claiming that benefit was "the first day of the period in respect of which the claim is made". In the claimant's case that would have been 15th July 1998. In fact he did not claim the benefit until 24th August 1998 and this is not in dispute.

5. Regulation 19(4) and (5) set out circumstances where the time for claiming Income Support can be extended subject always to a maximum extension of 3 months. The provisions so far as relevant are as follows:

"4. Subject to paragraph (8) I]irrelevant[/I in the case of a claim for
income support, jobseeker's allowance, family credit or disability working allowance, where the claim is not made within the time specified for that benefit in Schedule 4, the prescribed time for claiming the benefit shall be extended, subject to a maximum extension of 3 months to the date on which the claim is made, where -

(a) any of the circumstances specified in paragraph (5) applies or has applied to the claimant; and
(b) as a consequence the claimant could not reasonably have been expected to make the claim earlier.

5. The circumstances referred to in paragraph (4)(a) are -

...

(b) except in the case of a claim for jobseeker's allowance the claimant was ill or disabled, and it was not reasonably practicable for him to obtain assistance from another person to make his claim;"

This provision only ever covered a three month extension.

dmg24 · 10 April 2010 at 1:04PM

It would appear that you have already asked this question.

Mackydees · 11 April 2010 at 5:38PM

dmg24 wrote: »

It would appear that you have already asked this question

Nope, this is related to but further along that that.

I made my claim and asked for it to be backdated to Feb 2008 and actually had it backdated by 3 months without any problems. I didn't hear anything from IS saying why not they wouldn't consider backdating it further so I rang to find out what was happening, just to clarify I had a letter saying I had a claim for three months but didn't mention the dates I put on the form, and was promised a callback within 7 days. I didn't get the phone call but instead on Friday I received a perfunctory letter of one paragraph stating I couldn't have it backdated by more than that because of 'Regulation 19 (5) (b)' and that was it, no further details. I have found this information that I believe I may be able to use but if the 3 months is written in stone, as in there is NO time that benefits can ever be backdated for more than 3 months, then there's no reason for me to pursue it. Info cut and pasted below:
CH/4501/2004
DECISION OF THE SOCIAL SECURITY COMMISSIONER: Paragraph 5: "Claims have to be considered carefully. In order to qualify for backdated benefit a person must be able to show good cause for the late application due to circumstances beyond their control and that they were continuously prevented from applying throughout the relevant period." (I understand this is the rule applied for all benefits and not just housing benefit or council tax).

Paragraph 23: “Ignorance of one’s rights is not of itself good cause for delay in claiming. It is in general the duty of the claimant to find out what they are, and how and when they should be asserted. But an examination of numerous Commissioner’s decisions shows that over the years there has been a gradual but appreciable relaxation of the strictness with which problems of good and reasonable cause have been approached. The Commissioner has long recognized a wide variety of circumstances, in which it would not be expected that a reasonable person would make inquiries or think that there was anything to inquire about.”
In other words, claimants cannot always be assumed to have an understanding of public administration."

I'm just wondering whether I can pursue it because of ill health, being in hospital for so long, and not having anyone who could act on my behalf?

NASA_2 · 11 April 2010 at 5:58PM

I'm pretty sure the only way a claim can be backdated more than the three months is if wrong information was given by the department. Its the only time I have ever seen it being succesful.

Backdating of Income Support

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