UC back dated request denied

[Shelley181146]

I find myself in murky waters like many others claimming this new benefit.

 

Having worked most of my life, and cared for family member, then returning to work following the loss of family member, my GP signed me off work and to cut long story short, I resigned from my job due to employers pressure. I was only on probationary period so cannot claim unfair dismissal.

 

I investiagted my entitlement to benefits and was directed to claim ESA which I did. 3 weeks later receiving a letter rejecting my claim, not returning my 'fit notes' and advised to claim UC.

 

I immediately claimed UC and attended first security appointment. I was handed my 16 digit security number (which I feel breaches data protection having it printed, but wouldn't remember it anyway) and requested my claim be back dated to 2nd September due to the above.

 

As UC is all dealt with online, via the journal process I have found this process confusing and frustrating as I am unable to speak with someone initially to find out what benefits I could claim. The 0845 numbers in my area charge additional fees when calling from mobile phone, fees which my provider advise are not charged by them, but are charged by DWP.

 

The rejection to back dating my claim will obviously cause severe hardship and arrears with rent /council tax.

 

I am genuinely looking to return to work and have been applying for many jobs which I am more than capable of doing, without success but in the meantime I am totally stressed about my current situation and do not know how I am too proceed, not having been in the position before of having to claim JSA/ESA etc. I'm not wishing to sound derogatory but I have never lived off benefits and find myself in unknown territory, but extremely scared of the prospects ahead.

 

I have done some research about benefits and it mentions 'Mandatory reconsideration', prior to appealing their decision but I have no idea how to go about doing this, as it appears the wording of the rejection letter (via UC Journal) seems to be coming across as saying 'ignorance is no excuse'............................

 

I have a meeting with my workcoach at the local jobcentre this afternoon and would like any information you can help me with to go armed with to get this MR moving along please.

 

I have requested an interim payment but the UC Journal advises that I call them to apply for this!

 

If they will take phone calls for interim payments then why can I not talk to anyone regarding UC on the phone about benefit matters? This is so confusing and frustrating but surely they can't reject a request for back dating of claim when all their rules are so complex? Or can they?

 

 

I will be homeless by Christmas if they don't agree to back date this :-x:-x:-x

 

Any help or guidance would be very much appreciated.

[unclebulgaria67]

I think you need to raise this with Job Centre staff you are seeing. Even if they don't know they can make enquiries.

 

If you have had or are still having health issues, then of course it will affect you and your dealings with the Job Centre.

 

My understanding is that there is a waiting period anyway with benefits, but then it is a question of the date your application runs from.

 

If you are renting privately and will have problems in paying rent due to benefits delay, it might be worth contacting the charity Shelter, who will have helpful advice. They will deal with such issues on a daily basis, so know how to handle it.

 

Important. Do contact the council about Council Tax and the problems you are having. If you cannot pay for a period because of no funds, they can put payment on hold or reschedule. If you don't contact them and then don't make a payment, they might summons you for non payment.

[spitfire1964]

If DWP had initially advised you to claim ESA instead of UC, I assume they are at fault for giving you the wrong advise and maybe they should have advised you to claim UC straight away and not the other way around.

 

If that is the case, others on here will be more up on this subject than me, surely OP can have her benefit paid from when she applied and not when she was wrongly advised if I am reading this right?

[Shelley181146]

I attended my UC appointment today, have to say the staff are very slow and the system was down for awhile and the staff seemed very uneasy with what to do with claimants - bazaar really when you think these are government staff! Anyway, the lady I saw was training a nice gentleman and having explained my predicament he actually complimented me for my efforts and being so proactive with my approach to the situation and appeared just as frustrated as I am with how I have been treated. Marvellous.

 

The system (apparently) will only want accurate information from a 'fit note' and not any additional information a claimant may want to offer with regards to their condition. Therefore, whilst in view of these two clerks, they got me to 'update my journal' to reflect the fit note information because the colleague I saw 10 days ago had misled the system by all accounts?

 

I explained I was disappointed that I had received a rejection for back dating my claim but they just referred me to the mandatory reconsideration process. I did point out that they made their decision on 30th September but didn't alert me to that fact until 2nd Oct at 9am, which eats into the time you have to prepare and submit your MR request.........They got my meaning and blamed teething problems.

 

What adds to my current frustration is that UC claimants are to visit job centres on a WEEKLY basis to have their meeting with their workcoach (20-30 minutes) for the first 14 weeks...............

My point being, claimants in receipt of JSA don't even have to conform to this regime, and i am currently not fit for work! So how does that work??????

 

I will now have to draft up my Mandatory Reconsideration request - this will include:

1) call charges when dialling 0845 numbers from a mobile (charged by DWP, not the service provider) and can be on hold for a very long time

2) lack of local advertisement that my area have infact gone live with UC in July this year

3) the fact that ESA took 3 weeks to reject my claim, resulting in putting me into financial hardship if they dont relax their policies in the early roll out of UC, thus causing rent/council tax arrears and potential homelessness

4) my health condition has impacted on my ability to investigate and/or follow their new benefit processes

5) anything else I think about before I submit it, within the timeframe

 

Considering my condition is stress related bought about by complex grief/PTSD this isn't going to help

 

And going totally off topic, Monarch airlines collapse has ruined a holiday I was looking forward to, to aid my convalesence and have a further nightmare to resolve.........life is blast

 

I will keep the thread updated, thank you both.

[spitfire1964]

Do not let them get you down Shelley, they are all pre-programmed to do that.

 

I am sure things will eventually work out for you, you have giving me a smile tonight, worded perfectly.

 

Don't change for nobody, you will get there in the end, good luck...

[honeybee13]

There's a thread in the Holidays forum at CAG, Shelley. I've just posted this link about reclaiming.

 

https://www.theguardian.com/business/2017/oct/02/monarch-airlines-collapse-department-for-transport-passengers-staff

 

HB

[Shelley181146]

I am trying to locate information on the rules for requesting UC claim to be back dated - I know they have minimal reasons but I have trawled through the GOV website for all the T&C's (if you get my drift) and cannot locate this.

 

During my research I have come across MR regarding ESA/PIP - people can submit a MR to meet the timeframes required, then request a copy of the report to aid their 'defence' which may arrive after the deadline allowed, but is considered correct process. My question is: might there be a report following my initial request for back dating my UC claim which I need to apply for to aid with my MR in this matter?

Or, is it a case of just writing a letter to expalin the reasons for my MR request?

 

Unclebugaria67 - I have liaised with the local authority who have been helpful, knowing how proactive I have been and taking into consideration all the matters I have been dealing with, however I am liaising with CAB or shelter when I can get through to discuss my options to ensure I am doing things in MY best interest.

 

Spitfire, UC have written in their own protection that even if we are told by other government officials any incorrect information, they will NOT back date claims! I am extremely methodical and write down every persons name I speak to, date and time and all calls are recorded so I will be there worst nightmare.

 

TIA