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In my client’s case the UC claim was made on 13/09, and on 13/11 we requested backdating on the phone, and a letter from me setting out the grounds was uploaded to the journal.On 04/12 the request was disallowed, reason given is that the backdate request was made too late.I can’t see that Reg 26 means that the request for a backdate has to be made within a certain timescale.Is the next step now to MR the decision not to backdate?
My client is a single claimant and I think he meets reg 26 3 (b) under disability due to mental health.Well there’s nothing to lose I suppose but it sounds like a long shot to me. I think the problem is reg.26(4) (4) In the case of a claim for universal credit made by each of joint claimants, the prescribed time for claiming is not to be extended under paragraph (2) unless both claimants satisfy that paragraph. Even if they did accept your client’s diagnosis satisfied the disability strand say, what would the argument be in respect of the partner? I may move to a complaint more than an appeal possibly.At each point they thought they were following the right course ( under challenging heath circumstances) because of what the DWP told them and yet there is no room for movement for incorrect advice from the DWP but if we get it wrong…...... UC PIP & JSA Regs 2013, Reg 26 gives the provisions for backdating a claim - But is there any timescale within which the backdate request has to be made?This backdate has been refused on the basis that they cant argue official error and that the illness didn’t prevent him making the claim as they had made a claim, albeit for the wrong benefit.(They didn’t come and see me until a few months into their claims.