Under what circumstances will DWP backdate a claim ?

[CW1]

I've only ever bothered trying to claim JSA very few times & occasionally I've asked them to backdate it with what I think is a perfectly legimate reason. But they've always refused.

Has anyone ever managed it ?

[ojread2]

You may think it's a legitimate reason but the DWP obviously didn't

I can't think of a reason myself

[CW1]

// You may think it's a legitimate reason but the DWP obviously didn't //

Hence my question ...

[ojread2]

To which I replied 'I cant think of a reason'

what were your reasons out of interest?
I've had a quick search and can't find anything promising

[ojread2]

http://www.dwp.gov.uk...-guidance/backdating/

This is probably why you were refused

[wolf63]

You need to have a reason why you were unable to approach them on each of the days that you wish to have your claim backdated for. You could have phoned them to make a claim or gone into their office - they would want to know why you didn't.

If you didn't claim because you were not sure if you would not be entitled etc your chances of getting the claim backdated are almost zilch.

[factor-fiction]

I would expect that the circumstances would have to be exceptional- eg in hospital following a serious accident/illness

[CW1]

In the main, my reasons for asking it to be back dated would have been because I was hoping I'd find a job by myself so avoiding the need to claim. Pride, you could say, not to mention trying to save them money - ha ! As wolf63 says, I got zilch. This time, it's because I was waiting for medical tests to be done / get results to know if I'm fit & available for work.

factor30, in hospital, wanting to claim JSA where you have be fit & available to work. I can see how that may not wash ;o)

ojread2, most circumstances they quote on that link are not really conducive to be fit & available either, eg. "the claimant’s health condition (both physical and mental), household emergencies (such as bereavement)", but I see "a foreign national who does not speak or read English" may be considered ignorant of the benefit system. That's obviously where I'm going wrong !

[ojread2]

exactly what I was saying though CW1
It will will be down to the DWP to decide whether or not your reasons were valid
Waiting for test results is not a valid reason. Until you know those results you can make a claim for JSA if you're out of work. Whether you become unfit for work as a result of the results is something to be dealt with at the point of results.

As for the language issue ... less said about that the better

[CW1]

// Waiting for test results is not a valid reason. Until you know those results you can make a claim for JSA if you're out of work //

Even if I left my job because of an injury that left me unable to work (I was a temp & couldn't work fast enough to meet their targets so I left by mutual consent) ? Just about sums the whole ridiculous system up, doesn't it !

[THECORBYLOON]

CW1, the fact that someone leaves employment because of illness or an injury does not mean that person is unfit for any work. Following an injury to a foot for example, I may not be able to do a job that involved a lot of walking but that would not stop me doing a desk job. If folk think they are not fit for any work they should see their doctor who will confirm this (if that's the case) and claim ESA.

[cathfromsaron]

you need to phone the friday you leave work, then there are five days grace, then the claim starts ...

[THECORBYLOON]

What's the five days' grace for?

[CW1]

Not sure about 5 days grace but pretty sure you don't get paid for the 1st 4 days of a claim.

THECORBYLOON, I take your point but not very realistic is it ? How're you s'posed to apply for jobs & then potentially have to explain "but I can't walk about", or "of course I will need a sleep in the afternoon" (both of which would probably apply to me).

I have explained in other threads (obviously you may not have seen them) that I will speak to the doc about it, haven't had a chance yet as she always seems to be running 30+ mins late & I feel I'm being rushed & we've other stuff to talk about ! Also, having seen the questions on the ESA form, any claim I make'll be laughed at. I can do everything they ask but there's nowhere to note that i wouldn't be able to sustain it over a few hours, or that I can maybe only do them slowly. Other people here have said the same.

When it comes down to it, we're talking about a pittance here. Who can live on £60 - £70 a week ? My mortgage alone is nearly 3 times that !

[cathfromsaron]

that's all i know! every period if unemployment has the first working week unpaid!

this is the problem with irregular or temp work! you get robbed every time you change!

[pdust]

not sure about the 5 days grace. I made a claim in june about 3 weeks after i was made redundant, i was told (by a friend rather than JC) that there was 3 waiting days.... but i got paid from the day i made the claim. I was also told that i could make the claim anytime after the redundancy within 6 months and i would still be entitled to the 6 months JSA (contributions based) not sure how it would work in your circumstances though... good luck with it, i freaking hated the place

[ojread2]

yes, CW1, even if you left your work because of that injury
As you state, you are awaiting test results. That injury may not affect your ability to work upon receipt of those results but in the interim you can claim JSA

[ojread2]

and again cath

ng

[ojread2]

Why are you not on sick leave from your employment CW1?

I've not seen your other threads, so you may have already answered that one

[tonywiltshire]

Backdating a claim is not easy but possible provided there is a change of circumstances, inform the DWP as soon as you are able about the change of circumstances. If you notify the change within one month, benefit is fully backdated to the date of change. If you notify the DWP about a change of circumstance more than a month ago but within 13 months and there are special reasons it may be backdated.

[THECORBYLOON]

Tony, a change of circs is not the same as a claim. If someone is on ESA and their claim ends because they are notifiied or declare they no longer have a Limited Capability for Work (they are fit for some work) that is a change in circs but if they then delay making a claim for JSA, even within a month, it will not be automatically backdated.