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PC Backdating
Hi
Is there any leeway in the 3 month back-dating rule for Pension Credit?
I have an on-going appeal regarding back-payment of Pension Credit due to being misinformed by the DWP when claiming UC instead of PC?
Am I wasting my time or is there something we can win in this appeal?
Thanks
Adam
Sorry but you need to clarify what you mean by leeway regarding backdating?
Sorry I meant if there are any exceptional circumstances to that rule
Sorry but still a bit confused. PC has automatic three month backdating if it is asked for and you are entitled during the relevant period. You don’t need to provide any reasons. We have seen examples of Pension Service telling people this only applies if you ask when you make the initial claim but every time we’ve challenged that, they have relented and agreed to requests made at a later stage. Pretty sure there is case law to support that but can’t lay my hands on it at the moment.
Sorry, I’ve just re-read my question and noticed I missed a key word (long week haha). I meant to say is there any leeway in extended the 3 month back-dating period.
My client was wrongly advised to claim UC for several months and is arguing that he should be back-dated from his UC claim and not just the 3 month back-dating period
Ah I see. As far as I am aware, no there isn’t a way to extend that three-month period. It applies from the date a PC claim is made. He could complain or try financial redress for maladministration but can’t see a way that an appeal has any legs I’m afraid.
Did the cl actually receive any UC payments?
I complained on behalf of a MAC earlier this year who had been wrongly advised, by the DWP, to claim UC. PCG claim was subsequently accepted and a back payment to Spring 2020 made. Cl also received compensation for poor administration so definitely worthwhile making a complaint
Did the cl actually receive any UC payments?
I complained on behalf of a MAC earlier this year who had been wrongly advised, by the DWP, to claim UC. PCG claim was subsequently accepted and a back payment to Spring 2020 made. Cl also received compensation for poor administration so definitely worthwhile making a complaint
Thanks for this.
The client did receive UC payments which the DWP now want back due to not being entitled to UC!
Did you get the back-payment through an appeal or through a complaint/different route?