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Backdating NSESA
Can a claimant request NSESA be backdated for three months once the claim has been made? Or does the request have to be made at the point of claiming?
Thanks
Should be able to request after making claim but before decision made on the claim (ie before award decision made). If decision already made on claim, then technically claim no longer exists (s8(2) SSA 1998 - https://www.legislation.gov.uk/ukpga/1998/14/section/8 ) so DWP likely to say date of claim can no longer be backdated. If so, can make new claim instead for backdated period (ie back for 3 months from when new claim is made to cover period before first claim made). See p1123 - 1124 in WBTCH.
Brilliant, thank you