Claiming JSA from the end of ESA (Backdating)

[msantana]

Hi guys,

 

From September 15th 2012 to February 4th 2013 i was claiming ESA due to breaking my leg. I received the letter stating my ESA payments would be stopped on Feb 5th due to scoring 0 points on the ATOS medical, a day after i received my final payment of £50 on the 4th. I was unhappy with the information on the assessment, which was completely different to anything that was actually said, and was going to appeal. However, due to the stress of trying to sort it all waiting ages for another fracture clinic appointment, and as my leg was feeling better since the date of the medical anyway, i decided claiming JSA would be easier.

 

I have been actively seeking work since my ESA claim was stopped, and can prove this as i have been lucky and offered two interviews and some temp work till the end of March, along with the applications i have made on Universal JobMatch. I only phoned to claim JSA on the 14th Feb as was held up with trying to get the information for appeal and appointments, however informed the adviser on the phone of this and he stated that i would be backdated from the end of my ESA claim.

 

I attended my first appointment on Wed 20th Feb, signing all the necessary paperwork and again being told that my claim would be backdated. I also told my adviser that i had been offered temp work which starts this Monday 25th Feb, so really need the payment as i have not been paid since the 4th Feb and have no money for bus etc to be able to work. She told me because i was changing from ESA to JSA the payment should be processed faster and i would get a payment by the weekend.

 

As you have probably already guessed i have not been paid yet, and received a letter in the post today stating that my claim for JSA has been accepted from the 14th Feb!!! NOT BACKDATED! Does anybody have any idea why this could be? I'm now worried because i am due to start temp work on Monday but feel i'm not going to get paid until after my next appointment. I have already borrowed from the close friends and family i have to get by this month, and feel again this is the only option i have been left with if i want to work.

 

Any advice would be useful

[flumps1976]

Backdating of JSA is considered under two seperate things.

Firstly if you have satisfied the labour market conditions (by actively seeking, applying and taking the necessary steps to find work).

Secondly if you meet the "good cause" under Claims and Payments Regulations, this is usually if you recently separated from a partner, if there were adverse weather conditions, mail strikes/problems (although not used so much following the telephony claims and online applications), mis-informed by a member of staff that you would not be eligible/able to claim.

You need to satisfy both elements to be sucessful in backdating the payments.

[flumps1976]

http://www.rightsnet.org.uk/pdfs/C_&_P_Reg_19_scan_Feb_2004.pdf

If you look at page 2 and find (6) sub section (7) a to i this is the list that I believe is still used (I used to use this list when I processed IS many moons ago!). and if you meet any of the points you can use that to request that it is looked at again but if not then your claim will not be backdated.