JSA with backdated claim

build

Hi, I applied for JSA just over two weeks ago and also claimed for a backdated payment because I made the application late. Just got a letter today saying my claim for a backdated payment has been denied. Something along the lines of "You have been disqualified from receiving payment for the period October 2014 to November 16, 2014". That's the period I'm claiming a backdate for. Then they give reasons as to why my claim was denied, I can make an appeal, etc..

My question is, is it only the backdated payment that is denied ? Is my actual JSA claim for future payments still being processed and I just need to wait for them to make a decision on that ? I'm so confused right now, nothing really on the letter mentions if my entire claim has been denied. I can live without the backdated payment, future payments not so much.

I've tried calling several times but nobody is answering the phone. Anyone any experience on something similar and can tell me what happens next ?

mp22

By what you have posted they are not paying the backdated part of your claim,this should have no effect on your main claim.However if you appeal, this may slow down or stop up your jsa claim until the appeal has been heard.

build

Thanks, that's good to hear. If it's gonna slow down my claim, then I don't think I'll bother appealing. Do I have to go down to the local office and let them know I'm not appealing ? As I said I tried calling them all day but nobody answers.

mp22

You do not have to do anything,ie any appeal must start with you.

build

Cheers, one last question. Do they wait at all before they get back to processing your main claim i.e. give you a week to appeal and if you don't appeal within the week, then they'll get back to the main claim?

SuperS54

I don't think the appeal should impact your "main" claim, you should double check with them though. Even if it does you can go to the welfare officer and get the equivalent amount until the claim is active. Most reasonable appeals are successful so if you honestly believe you have an entitlement then go ahead and appeal, it's a simple and painless process.

Sue Ellen

If this is not your first claim back dating would not be granted. The decision would be based on whether you are familiar with the system or not. You could be successful with an appeal if you have not claimed before. An appeal can take up to 12 months. A review might be a better option.
Clearly state the reasons you are requesting backdating, why you were late applying and maybe provide proof you were looking for work during that period.
Both decisions are normally made together there might just be a delay with the award letter.

build

Sue Ellen wrote: »

If this is not your first claim back dating would not be granted. The decision would be based on whether you are familiar with the system or not. You could be successful with an appeal if you have not claimed before. An appeal can take up to 12 months. A review might be a better option.
Clearly state the reasons you are requesting backdating, why you were late applying and maybe provide proof you were looking for work during that period.
Both decisions are normally made together there might just be a delay with the award letter.

Yeah this is the 1st time I've claimed for any sort of backdated payment. How does that help though ? Do you have a better chance of winning an appeal if it's your 1st time ?

Will it not affect my main JSA claim ? Like, if the appeal takes 12 months like you say, will I still receive my weekly JSA payments in the mean time ?

Sue Ellen

build wrote: »

Yeah this is the 1st time I've claimed for any sort of backdated payment. How does that help though ? Do you have a better chance of winning an appeal if it's your 1st time ?

Will it not affect my main JSA claim ? Like, if the appeal takes 12 months like you say, will I still receive my weekly JSA payments in the mean time ?

You said it's your first time claiming backdating but is it your first claim? First time claiming backdating won't be relevant, it's your claim history. If you have claimed before they will say you should have known to claim immediately once you became unemployed.

Normally the claim is processed first and then they decide on the back dating. It's usually done at the same time. It would be very strange to decide that you don't qualify for backdating without first determining that you have a claim entitlement.

If you appeal the decision the claim will be processed and remain in payment throughout the appeal process. What you are appealing should not affect your claim from the more recent date in any way.

SuperS54

Build, all we can give you is speculation and past experience, you really need to go and talk to them in person. For instance an appeal I had before for far greater stakes than yours was completed in my favor in a couple of weeks. You won't be stuck without money as you can go to the CWO, that's part of what he is there for. Don't be afraid to stick up for yourself if you genuinely feel their decision was wrong, you have nothing to lose.

build

Sue Ellen wrote: »

You said it's your first time claiming backdating but is it your first claim? First time claiming backdating won't be relevant, it's your claim history. If you have claimed before they will say you should have known to claim immediately once you became unemployed.

Normally the claim is processed first and then they decide on the back dating. It's usually done at the same time. It would be very strange to decide that you don't qualify for backdating without first determining that you have a claim entitlement.

If you appeal the decision the claim will be processed and remain in payment throughout the appeal process. What you are appealing should not affect your claim from the more recent date in any way.

It's not my 1st claim, but it is my 1st time claiming JSA. I was on JSB until the end of September and I should have applied for JSA straight after that ended. Unfortunately, I got confused with the age limit for the part where they take your parent's income into account (I moved back in with my parents a few months ago). My friends and even my parents were telling me I wouldn't get much (or nothing at all) because they'd take my parents income into account. That's why I hesitated applying for it.

It's only when I was browsing the welfare website a few weeks ago that I saw it's only when you're 24 years or under that they do that. I turned 25 in May. So yes, you could say I'm unfamiliar with the system. But I don't think they'll take that as a good enough reason since it's my mistake