Universal credit claimants have the right to seek backdating of a claim after the decision to award benefit has been made.
AM v SSWP (UC) (2022) UKUT 242 (AAC) UA 2022-000041-USTA (update)
Postscript to Autumn Bulletin
This case was discussed in the autumn 2022 bulletin In a subsequent decision WB v SoS for Work and Pensions (UC) 2022 UKUT 332 AAC an UT judge applied the decision in AM hinting that the original online claim contained an implied claim for backdating. In this case, the claimant’s original claim set out that he had been restricted in looking for work due to psychosis, ADHD and anxiety and had been recently admitted to hospital. This information raised the question of disability and entitlement to have the claim backdated a month before the actual claim. The UT judge allowed the appeal and awarded UC for a month earlier than the date of claim.Note