Backdating jobseekers allowance

Until recently, the effect on claimants of delays in the determination of appeals was mitigated by the provision for payment of ESA (albeit at the ‘assessment phase’ rate) while an appeal is pending against most limited capability for work decisions.The introduction of the requirement for ‘mandatory reconsideration’ (MR) prior to the acquisition of the right of appeal from 28 October 2013 means that claimants face the prospect of being paid no benefit until the MR has been completed, as there appears to be no provision for payment of ESA until an actual appeal has been submitted.State pension age is currently 60 for a woman and 65 for a man.This will be equalised at 65 for both men and women from 6 April 2020.

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If the person is in a couple has reached state pensionable age, then they are a pensioner couple even if the partner is under pension age. Where either the claimant or their partner is aged 60 to 64 and in receipt of Income Support, Jobseekers Allowance or Employment and Support Allowance.Yes, anyone with a low income may be able to get Housing Benefit subject to the conditions being met.The amount of any Housing Benefit payable would depend on your self-employed earnings, and any other earnings and benefits that you receive.The government has indicated that in straightforward cases, where no further information is needed, the MR of an ESA disallowance could be completed in about 14 days.3 In such a scenario, claimants could potentially have their ESA restored with little or no gap in payment (precluding the need to claim jobseeker’s allowance (JSA) – see below).It may, however, be in a claimant’s interest to obtain and submit further evidence to increase the prospect of a favourable MR and avoid the need to pursue an appeal.See Calculating Housing Benefit and Calculating Council Tax Support for more information about applicable amounts.


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