Hello all, can anyone help please?

I was always led to believe that the maximum backdating for Incapacity Benefit was limited to 12 months and for any period before this the claimant is "disentitled" by virtue of the SS Admin Act.

I have a client who has been ill for 10 years but never made a claim as she simply did not consider herself to be ill (mental health problems)and in fact still doesn't. She lived on capital during this period.

10 years ago she had been working and would have qualified - now she does not because she hasn't worked for those 10 years.
Although she is now receiving Income Support she is asking about claiming for the past period, we have various forms of medical "evidence" giving a long psychiatric history which may be enough to confirm illness.

Is there any way of increasing the backdating that anyone knows of in such cases?

Backdating of Incapacity Benefit is limited absolutely to 3 months. No discretion in law but no reason needed for bakdate. However a period of incapacity for work can be backdated indefinitely so a person could get a disability premium in Income Support earlier, for example. In other words if a person can get a sick note backdated for 12 months then s/he can get the disability premium straight away.

Backdating of Income Support is also limited to 3 months but only on one of specified grounds laid down in Reg 19 of the Claims and Payment Regulations 1987.

Equally there is no specific rule against backdating incapacity credits, which could help with future pension rights.