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Refusal of backdate - you should know the rules. But we don’t have to.
Claimant in ESA Support Group, highest rate PIP.
Moves from a non-UC area to a FS UC area.
Goes to the LA to request Housing Benefit – after some delay, she is told to claim UC.
Does so – asks for a backdate – backdate refused.
The refusal decision is monumentally arrogant:
In part:
It is [claimant’s responsibility to ensure that she is taking the correct course of action when claiming another benefit…there is no provision which allows the date of a claim to be extended due to misinformation….it is the person’s responsibility to make sure that they claim the correct benefit at the appropriate time…information is available on gov.uk’
Hmmmmm:
• this person did not choose to claim UC – it was forced upon her by the ‘natural migration’ rules
• how was she supposed to know what these are????
• I can’t find a customer-friendly explanation of these rules on gov.uk, just a brief mention that you may have to claim UC if you have a ‘change of circumstances’ – which is not defined, and no more information is offered
• DWP’s ‘you-should-know’ attitude is undermined by the fact that UC assured the claimant she would receive Transitional Protection for her SDP – which doesn’t exist yet
So…the claimant should know the rules even though they aren’t available to her, but DWP doesn’t have to?
Appeal and complaint lodged.
I’ve had one of those; or very similar. I was horrified at the tone of it.
I decided they weren’t due the backdate anyway and I’m awaiting the appeal response for the earlier closed claim though so all was not lost.