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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Asked if I can backdate my claim to the election when this

Customer Question

asked if I can backdate my claim to the election when this was due
but despite the site saying it would not close the question if I rate your help - it has done so. very annoying web bug.
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
That's strange as the question would not normally close, I will report it to our technical guys.
Normally benefits claims (including JSA) can only be backdated in limited circumstances, these are:
If you were too ill to submit the claim on time
You were told you could not get the benefit by the Job Centre or another official person
You were waiting to get a decision on another benefit.
The fact you were not aware you were entitled would not normally be sufficient reason to backdate.
Customer: replied 2 years ago.

sorry this is the wrong answer/sorry to drag this out

I should have made it clearer...regarding since the election etc.

I am on about backdating my councillor allowance due to me since the election - not JSA which is already in motion etc.

can I backdate claim my councillor allowance since the election as so far I have not been paid anything because the council could not/would not tell me if I was entitled.

thank you

Expert:  Jenny replied 2 years ago.
Sorry I assumed you meant job seekers allowance since that was the subject of the original question.
This will depend on the rules for claiming this entitlement. If this is the councils fault for not telling you you were entitled then you may be able to bring a claim if they refuse. I am sorry if I am being vague but it really does depend on the rules of the scheme of the allowance.
If this is a contractual entitlement as a result of you being a councillor then you can argue that this was not originally claimed due to their misrepresentation.
You should ask them to back date it and explain why. If they refuse ask to see the scheme rules, I will be happy to advise on those if you can show me a copy.
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