Backdating JSA after being told cant claim

[TopB]

Hi, A friend on my college course refused was JSA based on the reason that "She's in full time education" even though she is not. Thats what the letter said... She originally claimed last October, but this was refused.

 

The topic came up in a session at college today and the tutor said that the course was designed for people on JSA and was infact 15 hours. The tutor then got a letter written up from the college detailing the college course and hours.

 

My friend has had to use her credit card to get by in the months without JSA. (Food, Rent etc) - She tells me this is maxed out and over the limit (Not good for her credit rating).

 

She Reclaimed JSA and was told that it was approved. Could she back date her claim as it wasnt her fault? (She provided her timetable on her first claim)

 

Any help would be helpful!

 

Thanks

[LaughingGirl]

I've popped in the link for the legislation surrounding backdated payments below:

 

http://www.legislation.gov.uk/uksi/1997/793/regulation/6/made

 

I have to be honest, I've always been given to believe that it's very, very hard indeed to get JSA backdated. The part of the legislation relevant to your friend would probably be:

the claimant was given information by an officer of the Department of Social Security or of the Department for Education and Employment which led the claimant to believe that a claim for benefit would not succeed;

 

But I'm not sure if the fact that she didn't appeal the decision at the time would go against her on this.

 

At the end of the day, it's got to be worth a try though...hope for the best, prepare for the worst, as they say.

[letsmakeamark]

If i am right she could possibly sue in the small claims court as she would not be entitled to go to a tribunal. i would think of this avenue to speed things up but you must write ti them and get this off them in writing that there is no way they will allow it.

[estellyn]

The absolute time limit for appeals is 13 months, so definately appeal. Your will have to prove that she has satisfied 'being available for and actively seeking work'.

[TopB]

Thanks guys! Funnily enough she got a letter today which tells her they'll back date it from the 28th of january, not from when the very first claim was made. First step is to appeal that decision right?

[estellyn]

Thanks guys! Funnily enough she got a letter today which tells her they'll back date it from the 28th of january, not from when the very first claim was made. First step is to appeal that decision right?

 

Appeal the original decision refusing benefit - also the backdating too, but JSA should originally have been awarded. It will be a late appeal of the original decision.

[TopB]

Thanks guys. It was back dated for her! She hasn't received payment yet. But she did receive a payment and an accompanying letter (BACS remittance slip). On the letter it said reference to your account... "one time vendor".

 

She's baffled by it... Any ideas as to what the payments for?

[ellie12022]

Does the payment look like any of the backdating amount? She should get a proper letter detailing what it is for exactly in the next few days. Payment sometimes comes before the explanation!

[TopB]

Hi Ellie, it isnt the backdated payment. She has a letter for that with a different figure. This payment is from her local council the letter she got with it says "one time vendor".

 

You're right she has intact got both payments, just a bit confused as to what one is for! It wouldn't be council tax benefit would it? £385 for council tax? Surely it's not that

[Nystagmite]

The council deal with housing and council tax benefits and not JSA.

[ellie12022]

If it's from the Council, then it could be housing benefit? If you don't know and a letter doesn't come explaining in the next few days then ring or visit the Council to find out.

[TopB]

Thank you! In that case could that also be back dated? Since january when the application was made?

[ellie12022]

Did she make a separate application for Housing Benefit in January? This is what could have been processed. As I say she should get a letter if so explaining how the figures are worked out, and the dates. If she is now receiving jsa which isn't included in the decision she will need to tell the council of the fact. What I would do is take the jsa letter to the council, our council asks for a short form to fill in, and then they photocopy any evidence we take them. I don't know of how other councils operate.

[TopB]

Hi, the only letter she got was the BACS remittance slip. Yes she did make and application for housing benefit in January. Housing and JSA were applied for together. Ill tell her to take the letter to the council. Hopefully, she will have a job soon!