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Thread: Universal Credit - 1 month backdate help!

  1. #1

    Universal Credit - 1 month backdate help!

    Hi everyone.

    A family member has recently started claiming UC. They are on furlough.

    They wanted to apply sooner, but are hopeless with internet and thought it was an up to 4-6 month backdate (an olden days rule I'm told).

    More importantly they care for their grandchild who was on a slow decline heath wise until a crisis event. The kid recently took seriously ill and was in hospital for a month. This meant daily visits, sometimes twice a day, meetings with care team etc. Travel time to hospital and back - 3 hours. They now care for the kid full time and his PIP application is underway.

    The request for the 1 month backdate of universal credit has been rejected. The MR came back the same. Does this person have any grounds for a tribunal? Has anyone had success with universal credit delayed applications, when the illness was not yours but someone you care for?

    Many thanks in advance.

  2. #2
    Senior Member nukecad's Avatar
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    If they were the primary carer / responsible adult for the child when they were in hospital, and if that was in the month before they claimed, then I'd say that backdating of UC because they were too busy to claim sounds reasonable.

    The MR letter should tell you about appealing to the tribunal.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  3. #3
    Quote Originally Posted by nukecad View Post
    If they were the primary carer / responsible adult for the child when they were in hospital, and if that was in the month before they claimed, then I'd say that backdating of UC because they were too busy to claim sounds reasonable.

    The MR letter should tell you about appealing to the tribunal.
    I thought it was reasonable, too. The DWP took a rigid view (surprise, surprise) i.e. the illness wasn't theirs and therefore they weren't entitled to the backdate.

    I don't want to advise them to go to the tribunal if the only reasons a backdate can happen are the ones that are listed on their forms. So if anyone has had success with other reasons, I would appreciate some input.

  4. #4
    Senior Member nukecad's Avatar
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    I've had a check and the reasons to allow backdating of UC are set out in Reg. 26(3) of the "The Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013".
    https://www.legislation.gov.uk/uksi/.../regulation/26

    They are pretty limited and looking after someone who has an illness does not qualify, it has to be the claimant themselves who are ill to have any chance of backdating.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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