Backdating income support claim...

[Windsor 10]

Where do I start with this one!!?

 

I claimed income support 2 months ago and have only just recieved payment for about a fortnight after a LOT of phone calls and wasted journeys which I cant afford to make. I really do think they are trying to fob me off.

 

I obviously attempted to get the claim paid to me from when I put in a claim on the 22/09/06, but have just got a letter through to me today saying that

 

"I am writing because you recently told us that yiou think your income support should be from 25/08/06. We have decided we cannot pay you income support from 25/08/06."

 

Obviously they have the dates wrong for some reason (god knows whats happening or has gone wrong this time) and also they say they cant pay me from that date as the law gives a list of special reasons that allow claims to be backdated, and they can only backdate it if the reason is on the list.

 

Note how they do not mention if me reasons were on the list or not!

 

Im getting increasingly desparate now, what are these reasons that allow claims to be backdated or not? I would like to know if I'm fighting a losing battle or not before I waste any more resources challenging them..

[Windsor 10]

if anyone has the foggiest no matter how off the wall it may seem, please post up as I'm at the end of my tether!

[cgksheff 44]

You are probably not entitled to back-dating, but you have not asked for back-dating ... you say.

 

You should get benefit from the date of your first claim (assuming that you are entitled) regardless of how long it takes to sort out.

 

Get some simple facts in writing, from you and from them, to confirm when you first applied and whether you are entitled to benefit from that date.

 

Do not use the phrase back-dating.

[Heyesey 11]

What he said.

 

 

Generally speaking, the only reason you can have a claim backdated to before the date on which you claimed, is because you were wrongly informed not to claim when you should have done, or they stopped a claim that should not have been stopped. (That's happened to me, twice. Both times, it took about six months for them to admit they were in the wrong and my claim should be backdated.)

 

There's some other obscure circumstances that are highly unlikely to apply. What you really need is proof of the date when you first asked to put in a claim.

[cgksheff 44]

.... he .....

 

 

 

?????

[Windsor 10]

I used the phrase 'backdating' as that is the term which has been banded about continuously during the whole palaver. But all I am trying to do is get my claim started from the date I applied for benefit and not some random point 2 months down the line! They said I would recieve cash from the 6th December as thats when my case hit their desk (or words to that effect). I claimed ages ago and need the money:rant: !

[happyhippy 11]

Right. You can only have IS backdated in certain circumstances. It has to be done by letter (there is no form to backdate, unlike other benefits), and you have to show why the date of the claim should be before the date at which your claim has been started.

 

I'll gladly help, but need much more info before I can. PM me if you'd rather not discuss the reasons why in public.

[happyhippy 11]

You are probably not entitled to back-dating, but you have not asked for back-dating ... you say.

 

You should get benefit from the date of your first claim (assuming that you are entitled) regardless of how long it takes to sort out.

 

Get some simple facts in writing, from you and from them, to confirm when you first applied and whether you are entitled to benefit from that date.

 

Do not use the phrase back-dating.

 

Incorrect on several counts.

 

Firstly, the date of the claim in some ways is misconstrued. It could be the date when claim is submitted, the date of first contact, the date of first entitlement, all sorts. It can depend on the benefit claimed.

 

Secondly, if entitlement can be proved, a claim can be backdated. Using that verb is far easier and understandable, so do continue to say 'backdating'. The original claim would need to be backdated from the date from which a decision has been given.

 

Thirdly, we are assuming that the correct benefit has been claimed. If a different benefit were to be correct, it's possible there could be 'waiting days'. So the date of first contact, claim, etc., may not be the day from which benefit is payable.

[Heyesey 11]

Incorrect on several counts.

 

 

Er, no it isn't. Income support is payable from the date printed on the form, when they send it out to you; which is, or should be, the date you first rang up to ask about claiming it. Backdating a claim refers ONLY to having it paid from before this date.

[happyhippy 11]

Er, no it isn't. Income support is payable from the date printed on the form, when they send it out to you; which is, or should be, the date you first rang up to ask about claiming it. Backdating a claim refers ONLY to having it paid from before this date.

 

Er, yes it is, especially if you have to look at things like the overlapping benefit rule, linking rule, etc.

 

The date stamp is a marker; nothing else.

[rubydazzler 11]

The date stamp is a marker; nothing else.

 

I have to say that doesn't sound right to me, either. AFAICR, 'backdating' is only the relevant phrase if you delayed making the claim at the right time, for whatever reason. Only certain reasons are acceptable for backdating in the event of a late claim.

 

The OP sounds as though s/he made the claim at the right time, but due to the inefficiency of the department, the claim has not been dealt with in a timely fashion. Therefore, I would say that the term 'backdating' in this instance is being used incorrectly.

 

Although, obviously, the amount due should be paid (backdated) from the date when the claim was orginally made.

[Ann* 10]

How long after the date on the form did you send return the completed form. There is a time limit, and if the form isn't received back in that time, the date on the form becomes invalid, and the claim will start from the date they received the form back.