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New Style JSA Backdate Claim vs ILR

Questions and discussions about claiming benefits while living and working in the UK

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dchanmus
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New Style JSA Backdate Claim vs ILR

Post by dchanmus » Mon Apr 22, 2024 12:43 pm

Hi,

I attained ILR in early March 2024 under Tier 1 Route (that needs to prove income from certain industry source in the past 5 years, though immigration rules do not specify that income has to be very regular and stable, nor a minimum amount threshold), and applied new style JSA few days after ILR approval, with a backdate claim since late January 2024.

It seems the backdate claim (maximum 3 months before application date) is declined, though days since my JSA application are honoured (as I have already received some money few days ago). What would be good reasons for appealing the backdate claim?

a) I did not know about new style JSA.
b) I thought JSA is public fund, which I was not eligible.
c) My ILR application was pending until early March 2024 and leave to remain was only valid till late February 2024 until ILR approval.
d) I was very occupied in moving home in early January 2024, and it took over 6 weeks to settle well due to tedious landlord and unreasonable transition arranged by utility providers.

Just want to provide DWP a strong reason without any unnecessary annoying question related to immigration issue from DWP. Many thanks :)

Amber
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Re: New Style JSA Backdate Claim vs ILR

Post by Amber » Mon Apr 22, 2024 6:13 pm

When you can backdate

You can only backdate your claim if you have a good reason - for example a close relative died or you were given wrong advice by the Jobcentre.

You'll usually need to have looked for a job and been available for work from the day you want your JSA to start. If this wasn't possible, you can still ask to backdate your claim but you'll need a good reason. This can be the same reason you give for wanting to backdate.

How to backdate your claim

When you apply you'll be asked when you want the claim to start. Give the date you'd have applied if you could, for example the date you were given wrong advice.

You'll need to give evidence to show why you didn't apply earlier. For example, if the Jobcentre gave you wrong information you could provide emails or letters showing what they told you.

You'll also need to prove you've been job hunting and available for work. Keep anything that shows this, for example copies of job applications or emails showing you registered with a job website.
**this forum is not intended to be a substitute for professional advice**
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dchanmus
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Posts: 8
Joined: Tue Dec 05, 2023 9:36 pm
Hong Kong

Re: New Style JSA Backdate Claim vs ILR

Post by dchanmus » Tue Apr 23, 2024 2:11 pm

Amber wrote:
Mon Apr 22, 2024 6:13 pm
When you can backdate

You can only backdate your claim if you have a good reason - for example a close relative died or you were given wrong advice by the Jobcentre.

You'll usually need to have looked for a job and been available for work from the day you want your JSA to start. If this wasn't possible, you can still ask to backdate your claim but you'll need a good reason. This can be the same reason you give for wanting to backdate.

How to backdate your claim

When you apply you'll be asked when you want the claim to start. Give the date you'd have applied if you could, for example the date you were given wrong advice.

You'll need to give evidence to show why you didn't apply earlier. For example, if the Jobcentre gave you wrong information you could provide emails or letters showing what they told you.

You'll also need to prove you've been job hunting and available for work. Keep anything that shows this, for example copies of job applications or emails showing you registered with a job website.
Thanks, yes, I have read all of the quoted writings. Does any of my listed reasons above (a-d) good reason?

Amber
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Re: New Style JSA Backdate Claim vs ILR

Post by Amber » Wed Apr 24, 2024 9:26 pm

All your reasons are about ignorance of the law, that doesn’t fit what the DWP would expect to see, it’s still worth a go. Remember that when you apply for an immigration application in time, your current leave continues, as is, under section 3(C) of the Immigration Act, so that one doesn’t really work either.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

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