Key Facts
- •Mr. Miah, a protected party with a severe learning disability, had his parents' child tax credit (CTC) cease on 16 February 2020.
- •A UC claim was submitted on his behalf on 16 March 2020, without mentioning backdating.
- •UC was awarded from the claim date, leaving a gap in support.
- •A backdating request was made on 23 July 2020 and refused; the refusal was upheld.
- •The DWP argued it lacked power to backdate after the initial decision.
- •The Upper Tribunal allowed the appeal, finding Mr. Miah entitled to seek backdating.
Legal Principles
Entitlement to benefit is conditional on making a claim in the prescribed manner and within the prescribed time.
SSAA 1992, section 1(1)
Regulations may provide for treating a claim as made on a different date.
SSAA 1992, section 5(1)(b)
A claim for UC can be backdated up to one month if specified conditions (including disability) are met and the claimant couldn't reasonably have claimed earlier.
C&P Regulations 2013, regulation 26(2)-(3)
Once a claim is determined, it no longer subsists, except for revision.
SSA 1998, section 8(2)
A decision under section 8 can be revised within a prescribed period, either on application or the Secretary of State's initiative.
SSA 1998, section 9
The Secretary of State has a duty to make necessary inquiries to determine entitlement (Kerr duty).
Kerr v Department for Social Development (Northern Ireland) [2004] UKHL 23
Outcomes
Appeal dismissed.
The period of a UC claim is not a defining parameter preventing backdating requests via revision or appeal after initial determination. The Secretary of State should have considered the backdating request as a request for revision.