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Top Incapacity related benefits topic #2687

Subject: "Incapacity Benefit Backdating" First topic | Last topic
LA
                              

Welfare Rights Officer, Advice Shop Bathgate
Member since
11th Jan 2005

Incapacity Benefit Backdating
Wed 12-Mar-08 09:47 AM

Can IB be back-dated for more than 3 months? Client did not get SSP1 form until 6 months after SSP had ran out, IB only backdated 3 mths and went on to short term low rate IB has lost out on approx £1000 income as DLA special rules and if had gone onto IB when SSP ran out would have gone on to long term high rate.

  

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Replies to this topic
RE: Incapacity Benefit Backdating, jj, 12th Mar 2008, #1
RE: Incapacity Benefit Backdating, LA, 12th Mar 2008, #2
      RE: Incapacity Benefit Backdating, jj, 12th Mar 2008, #3
           RE: Incapacity Benefit Backdating, LA, 12th Mar 2008, #4

jj
                              

welfare rights adviser, saltley & nechells law centre birmingham
Member since
21st Jan 2004

RE: Incapacity Benefit Backdating
Wed 12-Mar-08 10:17 AM

the law allows only 3 months backdating from the date of claim. not enough info in your post, but the date of claim itself can be an issue which affects the period in question, or if there were difficulties obtaining the claim form which amount to maladministration, you may ask for extra-statutory payments to make good the loss. what caused the 6 month delay?

  

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LA
                              

Welfare Rights Officer, Advice Shop Bathgate
Member since
11th Jan 2005

RE: Incapacity Benefit Backdating
Wed 12-Mar-08 10:29 AM

thanks JJ

employer states they sent out ssp1 from when client's ssp ran out client never received this. went on to 1/2 pay from employer so didn't know was due IB wasn't until wages stopped fully 6 mths later from ssp stopping that made enquiries to find out if due any other benefits. So no probs getting Ib form from JC and not any prob at their end all to do with delay in getting SSP1 form and client being unaware due IB

  

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jj
                              

welfare rights adviser, saltley & nechells law centre birmingham
Member since
21st Jan 2004

RE: Incapacity Benefit Backdating
Wed 12-Mar-08 01:54 PM

in that case, i think he has lost out due to ignorance. the responsibility is on him to claim, or find out about his entitlement...mr.darling will be pleased...

  

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LA
                              

Welfare Rights Officer, Advice Shop Bathgate
Member since
11th Jan 2005

RE: Incapacity Benefit Backdating
Wed 12-Mar-08 02:35 PM

thanks JJ it was as I feared.

  

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