If he/she wanted to claim for the period from 20/08/18 the ‘backdating’ request would have to have been made by 20/09/18.
Or to put it another way a claim made on 13/11/18 cannot cover any period before 13/10/18 because that would involve extending the time for claiming by more than a month.
Hi I am doing my first UC appeal and just wanted some advice please. uk to see what they could claim and filled out what I think was an ESA1 for new style ESA printed it off and walked into a local job centre and the job centre took the paperwork and ‘sent it off’.
My client at the time was recently diagnosed with lymphoma and had to stop working as a self employed plasterer. 3 weeks went by and they were rung and told they had claimed the wrong benefit and had to claim UC, which they did and asked for it to be back dated to the date that they had mistakenly claimed new style ESA.
) I am happy to challenge the failed MR on the basis that he was ill, they were in shock as the cancer that had been in remission for 10 years had returned and spread.
It seems tough that for sick people you have to ‘reasonably been expected to make a claim earlier’ when they believed that advised them to make a new style ESA claim.
In this situation, it may be possible to create a document after the event which recites what actually happened, and which records the key terms of the transaction.
Together, these factors may indicate that the beneficial interest in the relevant assets has passed from a legal point of view.If anything, your next step would be to now appeal the original decision, as you have already requested it be revised and been refused.However, it may be that any claim made without specifically requesting a backdate can be assumed to be a claim for the period starting with the date of claim (as that is normally the case).Although there is no time limit in reg 26, you are limited by the normal rules for revisions or possibly the rules for amending a claim: Your request to backdate was a request to revise the original decision and change the date entitlement starts.Generally that request has to be made within the time limit for an “any grounds” revision.