Credits backdating

27-Aug-2020 20:46

Thanks Pippa I think it’s Reg 26(2)(b) that is your problem: not only must one of the circumstances set out in para (3) apply, that circumstance must have made it unreasonable to expect the claimant to make the claim promptly.The issue for your client is what caused them to claim ESA alone without claiming UC as well/instead?) I am happy to challenge the failed MR on the basis that he was ill, they were in shock as the cancer that had been in remission for 10 years had returned and spread.It seems tough that for sick people you have to ‘reasonably been expected to make a claim earlier’ when they believed that advised them to make a new style ESA claim.As from that date, customers may have been invoiced by the transferee, employees may have been paid by the transferee, and accounting entries may have been made to reflect the purchase price payable for the assets.Together, these factors may indicate that the beneficial interest in the relevant assets has passed from a legal point of view.If anything, your next step would be to now appeal the original decision, as you have already requested it be revised and been refused.However, it may be that any claim made without specifically requesting a backdate can be assumed to be a claim for the period starting with the date of claim (as that is normally the case).

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Or to put it another way a claim made on 13/11/18 cannot cover any period before 13/10/18 because that would involve extending the time for claiming by more than a month. Although there is no time limit in reg 26, you are limited by the normal rules for revisions or possibly the rules for amending a claim: Your request to backdate was a request to revise the original decision and change the date entitlement starts.

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