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These decisions have to be accepted by the Jobcentre Plus, and you will not get any backdated benefit just because you did not know that you could make a claim, or you put off doing so.If your reasons for a late claim are accepted, your Jobseekers’ Allowance may be backdated by a maximum of three months, depending on the reason you failed to claim earlier, and provided you met the entitlement conditions throughout the period of backdating. If you know, or believe, that you have been overpaid benefits, or if your circumstances change, you have a duty to tell the provider of your benefits (generally the Jobcentre Plus).(2) In these Regulations— “the Act” means the Jobseekers Act 1995; “adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996(9); “attendance allowance” means— any payment based on the need for attendance which is paid as an addition to a war disablement pension (which means any retired pay or pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003(12)); “basic rate” has the same meaning as in the Income Tax Act 2007(13); “benefit week” means a period of seven days ending with the end day unless, in any particular case or class of case, the Secretary of State arranges otherwise, and for these purposes “end day” means the day in column (2) which corresponds to the series of numbers in column (1) which includes the last two digits of the person’s national insurance number— “Claims and Payments Regulations 2013” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013(14); “close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister or, if any of the preceding persons is one member of a couple, the other member of that couple; “date of claim” means the date on which the claimant makes, or is treated as making, a claim for a jobseeker’s allowance for the purposes of— “Health Service Act” means the National Health Service Act 2006(16); “Health Service (Wales) Act” means the National Health Service (Wales) Act 2006(17); “maternity leave” means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part 8 of the Employment Rights Act 1996(18); “net earnings” means such earnings as are calculated in accordance with regulation 59; “net profit” means such profit as is calculated in accordance with regulation 61; “occupational pension” means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases; “partner” means, where a claimant— “paternity leave” means a period of absence from work on leave by virtue of section 80A or 80B of the Employment Rights Act 1996(19); “payment” includes a part of a payment; “remunerative work” has the meaning prescribed in regulation 42(1); “self-employed earner” is to be construed in accordance with section 2(1)(b) of the Benefits Act; “sports award” means an award made by one of the Sports Councils named in section 23(2) of the National Lottery out of public funds by a Government department or by or on behalf of the Secretary of State, Skills Development Scotland, Scottish Enterprise, Highlands and Islands Enterprise, the Chief Executive of Skills Funding or the Welsh Ministers; for the period, or part of the period, during which the person is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to them or provided or approved by or on behalf of the Secretary of State, Skills Development Scotland, Scottish Enterprise, Highlands and Islands Enterprise or the Welsh Ministers, but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that the person is following a course of full-time education, other than under arrangements made under section 2 of the Employment and Training Act 1973(21) or section 2 of the Enterprise and New Towns (Scotland) Act 1990(22), or the person is training as a teacher; “voluntary organisation” means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit; “voluntary work” means work other than for a member of the claimant’s family, where no payment is received by the claimant or the only payment due to be made to the claimant by virtue of being so engaged is a payment in respect of any expenses reasonably incurred by the claimant in the course of being so engaged; “week” means, in the definition of “Work Experience” and in Parts 5, 6, 7, 9 and 10, a period of seven days; “Work Experience” means a programme which consists of work experience, job search skills and job skills (and which is not employment), provided in pursuance of arrangements made by or on behalf of the Secretary of State under section 2 of the Employment and Training Act 1973, and which— is of between two and 12 weeks duration where, during the first eight weeks of the claimant’s participation in Work Experience, and as a result of that participation, the claimant is offered and accepts an apprenticeship made under government arrangements made respectively for England, Wales or Scotland; —(1) Any reference to the claimant’s family or, as the case may be, to a member of the claimant’s family, is to be construed for the purposes of these Regulations as if it included, in relation to a polygamous marriage, a reference to any partner and to any child or young person who is treated by the Secretary of State as the responsibility of the claimant or their partner, where that child or young person is a member of the claimant’s household.
—(1) For the purposes of the Act and of these Regulations— “employed earner” has the meaning it has in Part 1 of the Benefits Act by virtue of section 2(1)(a) of that Act(6); “employment” includes any trade, business, profession, office or vocation, except in section 14 of the Act(7), where it means employed earner’s employment within the meaning in the Benefits Act; “jobseeking period” means the period described in regulation 37; “pensionable age” has the meaning it has in Parts 1 to 6 of the Benefits Act by virtue of section 122(1) of that Act(8).The tribunal will then advise you on whether or not they can deal with your case, and how to proceed. You have one month from the date of the original judgment to do so.In exceptional circumstances, you may be allowed to submit an appeal up to 13 months after the decision was made, however, you will be required to provide evidence of these circumstances (such as illness, bereavement, or being outside the UK at the time). Can I have representation or an advisor at my appeal hearing?For an individual claim, you must work 16 hours per week, and for a joint claim you and your partner must collectively work 24 hours per week, with at least one of you working 16 hours per week. Will my partner’s income affect my Jobseekers’ Allowance (JSA)?Your JSA is calculated according to your income; this includes the income of your spouse, partner, or cohabitant, and any (single or joint) pensions, earnings, and savings of more than £6,000. ESA can be backdated for up to three months before the date of your claim, and should explain when you first make your claim that you want to claim backdated benefit and give the date you became entitled to ESA.