Backdating Universal Credit reasons

Backdating Universal Credit:

Universal Credit can be backdated by up to one month before the date of claim. This is governed by regulation 26 of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013.

To obtain backdating, the claimant must show that they had continuous good cause for not claiming earlier throughout the backdating period. There is no exhaustive statutory list of acceptable reasons, but the DWP decision makers' guidance (contained in the Advice for Decision Making manual) gives examples of circumstances that may amount to good cause.

Circumstances commonly accepted or considered:

1. The claimant was seriously ill or had a disability that prevented them from claiming sooner.
2. The claimant was dealing with a recent bereavement of a close relative or partner.
3. The claimant was given incorrect information or advice by an official body, such as the DWP itself, Jobcentre Plus, or Citizens Advice, which led them to believe they could not or did not need to claim.
4. The claimant was unable to access the online system and had difficulty reaching the telephone helpline despite reasonable attempts.
5. The claimant had a learning difficulty or lacked capacity that made it harder to understand the need to claim or how to do so.
6. The claimant was fleeing domestic abuse or was in a crisis situation.
7. Language barriers prevented the claimant from understanding the system or making a claim.
8. The claimant was homeless and had practical difficulties accessing the means to claim.

Key points to understand:

The test is good cause throughout the entire period for which backdating is sought. If there is a gap where good cause cannot be shown, backdating will only run from the point where good cause began, not the full month.

The maximum backdating period is one calendar month. Unlike the old legacy benefits system where some benefits could be backdated for longer in certain circumstances, Universal Credit is strictly limited to one month.

The burden is on the claimant to explain and, where possible, evidence their reasons. A simple assertion that they did not know they could claim is unlikely to be sufficient on its own, but it depends on individual circumstances. Decision makers are expected to consider the claimant's age, experience, education, health, and any other relevant factors.

Practical steps if applying for backdating:

1. Request backdating at the point of making the claim or as soon as possible afterwards. This can be done through the online journal or by telling the work coach.
2. Set out clearly in writing the specific reasons for the delay, covering each day of the period if necessary.
3. Provide supporting evidence where available, such as medical evidence, records of attempts to contact the DWP, evidence of bereavement, or evidence of homelessness or domestic abuse.
4. If the request is refused, ask for a mandatory reconsideration. The claimant has one month from the date of the decision to request this.
5. If mandatory reconsideration is unsuccessful, the claimant can appeal to the First-tier Tribunal (Social Entitlement Chamber). There is no fee for this appeal.

One important distinction: backdating is different from the assessment period start date. Backdating moves the actual date of claim earlier. The first assessment period then runs from that earlier date.

If you are dealing with a specific set of facts, the strength of the case will depend on the detail of what happened and what evidence is available, so it is worth setting out the chronology carefully before making the request.