Housing Systems: Combating poverty and sustaining tenancies.
Search
When not to request a 'backdate'.

Warning! 

Whilst in the majority of cases getting a UC claim 'backdated' will be beneficial to the claimant watch out if the claimant's UC award includes (or included when they first claimed) a Transitional SDP Element.
To be entitled to the Transitional SDP Element (TSDPE) the claimant must have been getting Income-Related ESA, Income Support or Income-Based Jobseekers Allowance, that included a Severe Disability Premium in the month before the date their UC award starts. Having the start date of a UC award 'backdated' may mean that they then no longer qualifying for the TSDPE - and so lose more than they gain.

EXAMPLE: Ayisha claimed UC in November 2022 after separating from her partner. She has complex health needs and there was a two week delay between the separation (and her partner leaving the property) and her claim for UC. Her IR-ESA and HB continued during these two weeks but her Child Tax Credit was stopped. This means she missed out on the financial support she needed to support her three children for these two weeks. She has rent arrears and after discussing these with an adviser is tempted to request a Mandatory Reconsideration to see if they will agree to start her award two weeks earlier. However, her UC award may include a TSDPE if her IR-ESA was amended to include an SDP for the two weeks she was living alone. If her UC is backdated to the date after her ex-partner moved out, then her IR-ESA (and HB) will be brought to an end two weeks earlier, meaning that she may no longer qualify for the TSDPE.

9

9

9

9

9

Useful Tools