backdating backdate claim

Request to backdate universal credit made after claim determined

AM v SSWP (file reference UA-2022-000041-USTA)
The electronic claim form for universal credit does not ask a claimant whether they wish their claim to be backdated (paid from an earlier date than the day the claim form is completed). The maximum allowable backdating is one month. DWP maintain that if a claimant has not requested backdating by the time their claim comes to be decided then (1) the Decision Maker does not have to consider whether the conditions for backdating were met and (2) any request that the claim be backdated made after the claim is decided cannot succeed because in this case the one month backdating runs from when it is requested and as universal credit claims are not decided until one month after they are made then even if granted backdating would not produce any extra entitlement. The Upper Tribunal is asked by AM, who CPAG represent, to decide that approach is wrong and that a decision awarding universal credit can be revised if the backdating conditions are fulfilled but were not considered when the claim was initially decided.