Backdated Income Support
Jude Smith
Can anyone tell me how far back Income Support can be backdated ?
Also is 'good cause' still the criteria used for backdating or has that now
been changed ?
Many thanks.
Jude
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anthonyberet
Jude Smith <jud...@handbag.com> wrote in message
news:4a44edaab23cc041d3a...@mygate.mailgate.org...
> Hi
> Can anyone tell me how far back Income Support can be backdated ?
>
> Also is 'good cause' still the criteria used for backdating or has that
now
> been changed ?
>
> Many thanks.
>
> Jude
>
PaulJones
The answer is three months and no, good cause no longer applies.
Please see Social Security (Claims and Payments) Regulations 1987
Regulations 19 (4) and (5) as amended in 1997.
Good cause no longer applies to backdating of Income Support or JSA.
Under para 5 if you fit within one of the prescribed circumstances
(difficulty comunicating, ill or disabled etc) a claim can be
backdated for a maximum of three months, providing the application for
the delayed claim has been made in time. There is no flexibility, if
you do not fit within one of the criteria details at 19(5) your claim
cannot be backdated.
Under paragraphs 19 (6) and (7) the Secretary if State still has the
right to backdate a claim by one month. However, this is only
provided that you satisfy the criteria detailed at (7).
The rules are far stricter and much more straightforward that the old
good cause discretionary rules. This also means that fewer people get
their claims backdated.
"anthonyberet" <Re...@newsgrouponly.net> wrote in message news:<r6Nq7.10863$o%6.19...@news2-win.server.ntlworld.com>...
anthonyberet
PaulJones <pjo...@ferret.co.uk> wrote in message
news:b6ba1571.01092...@posting.google.com...
Oops, I stand corrected, haven't worked directly with the BA for a while.
Its better to bottom-post in this group though, as the threads can get
surprisingly long, and we need to be consistent to have a hope of following
them.
Lost Soul
If that is the case of IS only being backdated 3 months ...... what about
claims that have been made that take more than 3 mths to process?
Just to clarify, I am on IS and made a claim for DLA in April this year,
which still hasn't been processed and I'm awaiting a decision. I understand
that if my claim is successful and I am awarded DLA that my IS rate will be
increased to incorporate a disability component. Will I only receive back
pay for 3 months of this or from the date of my original claim?
Also if I have to appeal against a decision made, will the dates of original
claim still apply or be dated from date of appeal?
martin remove nospam
snip>
> If that is the case of IS only being backdated 3 months ...... what about
> claims that have been made that take more than 3 mths to process?
>
> Just to clarify, I am on IS and made a claim for DLA in April this year,
> which still hasn't been processed and I'm awaiting a decision. I
understand
> that if my claim is successful and I am awarded DLA that my IS rate will
be
> increased to incorporate a disability component. Will I only receive back
> pay for 3 months of this or from the date of my original claim?
>
> Also if I have to appeal against a decision made, will the dates of
original
> claim still apply or be dated from date of appeal?
>
>
your claim form that you were waiting to hear from DLA then it is backdated
to the date of claim of DLA. If you were already on income support then your
entitlement starts from the date of notification for the purposes of late
claims, but you are paid the enhanced premiums if you are entitled, from the
date stamped on the DLA claim form, if you got it back in time or from the
date of receipt by DLA if you were late getting it back, but it was not
regarded as backdating of a claim for income support purposes, neither if
you have had to go through appeals and tribunals is the back payment of DLA
regarded as capital (though how long that exemption lasts I am not sure)
Martin
anthonyberet
> If that is the case of IS only being backdated 3 months ...... what about
> claims that have been made that take more than 3 mths to process?
>
> Just to clarify, I am on IS and made a claim for DLA in April this year,
> which still hasn't been processed and I'm awaiting a decision. I
understand
> that if my claim is successful and I am awarded DLA that my IS rate will
be
> increased to incorporate a disability component. Will I only receive back
> pay for 3 months of this or from the date of my original claim?
>
> Also if I have to appeal against a decision made, will the dates of
original
> claim still apply or be dated from date of appeal?
>
>
A backdate is when you want benefit for a period before you put the claim
in.
You will get it from the date of your original claim, unless something else
prevents that.
karen
Oi Beret!!, going back to these bank statements, you seem to be the
person
to ask about this, I sent the council every bank statement going back
about
six months, so that will more than satisfy their two month requirement.
But....yep there always a but....supposing I had dark intent, wouldnt
now be the time to put all those thousands of pounds through my bank
account, I mean it's going to be about six months befor the council
send me another NN claim form and want two months worth of bank
statements, they not going to see the coming months statements are
they?....so my question is whats the point of this two month business,
I mean twice a year, thats four months bank statements the council will
look at, well what about the other eight months????, if I had a sum of
cash I wanted to put through my bank account I would wait until after
the
next housing benefit claim then put it through my bank in the sure
knowledge that the council and DSS are not going to find out about it!!
So what's the point of it???.
Karen
anthonyberet
> person
> to ask about this, I sent the council every bank statement going back
> about
> six months, so that will more than satisfy their two month requirement.
>
> But....yep there always a but....supposing I had dark intent, wouldnt
> now be the time to put all those thousands of pounds through my bank
> account, I mean it's going to be about six months befor the council
> send me another NN claim form and want two months worth of bank
> statements, they not going to see the coming months statements are
> they?....so my question is whats the point of this two month business,
> I mean twice a year, thats four months bank statements the council will
> look at, well what about the other eight months????, if I had a sum of
> cash I wanted to put through my bank account I would wait until after
> the
> next housing benefit claim then put it through my bank in the sure
> knowledge that the council and DSS are not going to find out about it!!
>
> So what's the point of it???.
>
> Karen
Well its true that large deposits may come and go without being detected,
but any regular income, like wages, pensions etc will show up in a 2 month
period.
It also rumbles people for share dividends and transfers to/from undeclared
accounts. We see this a lot. I would say its asking to much to have to give
in all your statements, everyone would have lost at least one....