You should check your tax credits award notices carefully to make sure any backdating has been included properly.
If you think you should have received backdating and have not, then you will need to appeal when you get your first award notice.
He fills this in and delivers it to the DWP on 30 June.
On the form he asks for backdating to January 2009.
Martin Williams looks at the rules for claiming ESA.
The rules on claiming ESA are now contained in the Social Security (Claims and Payments) Regulations 1987.1There are some teething problems with the new system; although ESA was launched on 27 October 2008, the computer system is not live across the country and the Decision Makers Guide has not yet been updated with the official guidance on how to apply the claiming rules.
If the claimant corrects this defect (ie, by providing the required information) within one month,9or such longer period as is reasonable, of the date on which the DWP last drew attention to the defect then the claim is treated as if it had been properly made in the first instance.
Back to the top Some claims (and changes of circumstances) can be backdated longer than 31 days.
See our 'appeals section' for information on how to appeal.
If you claimed childcare support through the Tax-Free Childcare scheme before claiming tax credits, the 31 days backdating may be limited to the date your TFC support ended as you cannot claim TFC and tax credits at the same time.
The claim will be regarded as defective (see below) unless the claimant provides during the call all the information needed to determine the claim.5 A claimant can always choose to make a claim in writing.6As with all benefits, the DWP must supply a claimant with an ESA claim form free of charge when notified of an intention to claim.7A valid written claim must be made on the approved claim form in accordance with the form's instructions.
It appears that a claim not made on the approved form, or a form which can be treated as an ESA claim, or not made as per the instructions, will be regarded as defective (see below).