Backdating of employment and support allowance
As you have an active claim for ESA, despite the fact that your payments have been suspended, you cannot make a claim for JSA without closing your ESA claim first, even if you could, then the only way that you would be accepted would be if you declared yourself Fit for Work, with obvious implications to your ability to return to the SG when the matter is sorted.
I am afraid I cannot think of any other way for your to receive some form of payment even if not at the full amount, Hardship payments are only payable when the claimants benefit has been sanctioned, not suspended and Advanced Payments are only applicable when the claimant has made a new claim and is still waiting for payments to start.
I have provided a sick note going back to March because the GP was aware of the position.
The DWP is saying that ESA may only be backdated three months but I am wondering whether this is a hard and fast rule that applies to all situations or whether there is any flexibility or a discretionary element?
Hey guys i needed help as to my position in regards to backdatement. Was in university till car accident in 2012 made my condition worse and no longer able to continue study.
Also my claim was subsequently suspended under a living together issue and received no payments.
They placed me in a support group which means they acknowledge that i have limited capability for work yet they froze my payments and gave me the recourse of claiming JSA.
The above quoted paragraph is recorded information, it is really not a big effort for you to simply answer my question that is directly based on this recorded information. For what it is worth I will AGAIN remind you of your Charter duties and Section 16 of the FOIA 2000 to provide advice and assistance, so please let's not have the same old tiresome stonewalling.
I suspect you will think of every excuse you can think of to try to avoid answering this question.