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Backdating benefits question

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

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lindawall
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Posts: 10
Joined: Wed Nov 05, 2008 11:54 am

Backdating benefits question

Post by lindawall » Sat Nov 22, 2008 9:30 am

Some benefits say they can be backdated (retroactive). Can someone who just got ILR today ask for backdating for some of the recent period before their ILR was granted?
That is, when someone holds ILR do they have a right only to receive benefits from that point forward or does the ILR also include a right to claim backdated time as well; In other words, does the eligibility to claim benefits also include eligibility to backdate?

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Post by Wanderer » Sat Nov 22, 2008 10:59 am

How can that work? Backdate to when ur not entitled?
An chéad stad eile Stáisiún Uí Chonghaile....

lindawall
Newly Registered
Posts: 10
Joined: Wed Nov 05, 2008 11:54 am

Post by lindawall » Sat Nov 22, 2008 1:32 pm

Well the question that arises is, once one becomes entitled to claim for something that can be claimed back approximately 3 months, can they claim and claim back approximately 3 months? After all, with Income Tax Credit and Child Tax credit take into account your income for the previous tax year (which would include mcuh of teh period when you were not allowed to claim) becuase your situation now results from that prior earnigns history so on that basis shouldn't you be able to claim back to that date?
They ask you on applications if you are subject to immigratiion control. Once you have ILR and become no longer subject to immigration control, do you have free reign to claim all that they permit including for the maximal backdating allowed; ie does the backdating apply to everyone equally once they are eligibile to claim at all?

tasha75
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Posts: 257
Joined: Fri Aug 18, 2006 10:04 am

Post by tasha75 » Sun Nov 23, 2008 3:08 am

lindawall wrote:Well the question that arises is, once one becomes entitled to claim for something that can be claimed back approximately 3 months, can they claim and claim back approximately 3 months?
No, you can't backdate your claim.
There is also a question on the form "Have you been granted your current immigration status in the last 3 months?". I think they ask that for a reason, otherwise what's the point in "no resource to public fund" restriction?

After all, with Income Tax Credit and Child Tax credit take into account your income for the previous tax year

They only take it into account to help them work out your tax credit rate for the next year (perhaps tehy assume that most of the time income doesn't change much from year to year). But if your income is very different from the last year, then you are free to inform them of the predicted income for the current year now, rather than wait till April. Otherwise you might be overpaid by significant amount which you'll be required to pay back.
Do not live your life in fear.

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