Back dating job seekers allowance


If we refuse to backdate your Housing Benefit or Council Tax Support you can appeal against our decision .

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 2(1)(c), (2A) and (3B)(a), 4(1)(b), (2) and (4), 5(3), 6A(5), 6B(2), 6D(4), 6E(3) and (5), 6F(1), 6H(1)(a), (5) and (6), 6I, 6J(2)(a), (5) and (7), 6K(4), (5) and (9), 12(1) to (4)(a) and (b), 35(1) and (3) and 36(2) to (4) of, and Schedule 1 to, the Jobseekers Act 1995(1), sections 5(1)(i) and (j) and (1A), 189(4), (5) and (6) and 191 of the Social Security Administration Act 1992(2), sections 171D, 171G(2) and 175(3) to (5) of the Social Security Contributions and Benefits Act 1992(3) and paragraphs 2(3) and 3 of Schedule 5 to the Welfare Reform Act 2012(4).

a requirement imposed on that claimant under sections 6 to 6G of the Act ceases to have effect for a period of 13 consecutive weeks starting on the date of the notification referred to in paragraph (3)(a); andthe claimant notifies the Secretary of State, in such manner as the Secretary of State specifies, that domestic violence has been inflicted on or threatened against the claimant by a person specified in paragraph (4) during the period of six months ending on the date of the notification;the claimant’s circumstances are consistent with those of a person who has had domestic violence inflicted on or threatened against them during the period of six months ending on the date of the notification; andthe claimant’s grandparent, grandchild, parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, step-brother, brother-in-law, sister, step-sister or sister-in-law; or (5) In this regulation— “domestic violence” means abuse of a kind specified on page 11 of section 2.2 of ‘Responding to domestic abuse: a handbook for health professionals’ published by the Department of Health in December 2005(32); “health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002(33); “person acting in an official capacity” means a health care professional, a police officer, a registered social worker, the claimant’s employer, a representative of the claimant’s trade union or any public, voluntary or charitable body which has had direct contact with the claimant in connection with domestic violence; “registered social worker” means a person registered as a social worker in a register maintained by— “able and willing immediately to take up work” under a work availability requirement means able and willing to take up paid work, or attend an interview, immediately once the circumstances set out in paragraph (3), (4) or (5) no longer apply.

(2) A work search requirement previously applying to the claimant ceases to have effect from the date on which the circumstances set out in paragraph (3), (4) or (5) apply.

We need your request in writing and you must sign it.

'Working age' customers are people who are under the qualifying age for State Pension Credit.

More about the qualifying age for State Pension Credit Housing Benefit.

Write to the Benefits Service, PO Box 3, Manchester, M15 5BA.

Or you can make an appointment to speak to an advisor who will take details of your request.

(3) This paragraph applies where— the claimant is receiving and participating in a structured, recovery-orientated, course of alcohol or drug dependency treatment, for a period of up to six months (where the course is for more than six months, this sub-paragraph only applies for the first six months);the claimant is a person for whom arrangements have been made by a protection provider under section 82 of the Serious Organised Crime and Police Act 2005(34), for a period of up to three months (where the arrangements are for more than three months, this sub-paragraph only applies for the first three months).

You must have an account to comment. Please register or login here!