I have a client who was in receipt of JSA(IB) until October 2007, when she was admitted to hospital with mental health problems, which are ongoing.

When she was discharged from hospital at the end of October 2007, she failed to make a claim for IS due to her health problems.

Her mother eventually sorted out her benefits and IS was paid from 14th December 2007.

The client now wants to know if she can ask for her IS claim to be backdated on medical grounds.

I have checked the CPAG book which suggests that the claim may be backdated for up to 12 weeks in certain circumstances.

Would this request have to have been submitted when the original claim was made, or can I ask for backdating now?

Backdating can be requested subsequent to a decision being made in the same way as backdating can be requested when claim made.

From the above dates in your posting it sounds like you would have a submit a late appeal on your clients behalf i.e. an appeal beyond the usual month deadline.

I'm not sure it is that simple. The commentary to Reg 19 suggests not and quotes R(SB) 9/84, paragraph 11 but there maybe circumstances where a backdating request is implied on the claim form. However, paragraph 12 of R(SB) 9/84 suggests maybe but that was based on previous regulations.

I have read the reg and the CD over and over and I can't decidesd either way.

I have always understood the point in the commentary to mean that the 3 month permitted period for backdating runs only from the date on which backdating is sought: ie, if it is more than 3 months from the original date of claim it is too late.

Technically you are not "backdating" but extending the period for making a claim that starts on a particular day. So if say your period of incapacity for work begins on 1.12.2007, the latest possible date on which you could make a claim for benefit to take effect from that date (assuming you met one of the Reg 19 criteria) will be 29.2.2008.

The notes suggest that if you subsequently make an application for beenfit for an earlier period, this is to be treated as a new claim. You have not previously indicated that this included a late claim for a previous period, only that it was a claim for the period starting on the "treated as made" date (usually first approach to the contact centre).

Do you have any idea whether the original claim was made by phone contact or at all times by a from? What was the wording of the form? I beleive that in either event the question "what date do you want to claim from" is always asked.

This scenario used come up a lot when i worked for NHS Mental Health Trusts (99% of the time it would be revised in favour of the client, once i can remember it going to a tribunal at Sutton and a PO was there, and we barely got our bums on the seat and i was backout waiting on the platform at Sutton station waiting for the next train to East Croydon (me, the PO and the chair at the hearing, the client was not allowed out of the PICU), and the chair announced the PO agreed it should be backdated.

It came up recently at an appeal hearing relating to the post i posted concerning Lodger or adult non-dependent (2 appeals heard together i.e. lodger blah blah and backdating). The backdating appeal was lodged 7 months after the day of the decision and we were asking for it to be backdated for a period of 8 weeks. The tribunal (District chair) allowed both appeals.

What i was suggesting was appealing the decision awarding IS on the basis of asking the award to be backdating for 12 weeks from the date the claim was made. I.e. claim treated as made on the e.g. 14th Dec, decision made 14th Jan, appeal decision 14th Jan asking for IS to be backdated 12 weeks from 14th Dec. Yes it is technically extending the period for making a claim etc etc, in the same way as a late appeal.

Its one of those scenario's that crept up again and again working for Mental Health trusts so it becomes one of those empirical issues that becomes engrained in my tiny welfish brain, and i think i just blundered into it as part of maximising clients income.

Honest, esteemed Uber learned welfs that you Paul and Ariadne are, he nods, bows and curtseys respectfully (which i wouldn't do for monarchy etc all the while suppressing his feelings of inferiority and not to mention existential angst), but it is really is that simple.

see ya andy

"Yes it is technically extending the period for making a claim etc etc, in the same way as a late appeal", just for completeness i meant a late appeal is asking for the appeal time to be extended.