Reply To: Backdating – when is a previous claim not a claim?

#9699
emmadring
Participant

A strict reading of the reg itself suggests that the claim for backdating cannot be succesful where it comes later in time than the intitial prospective claim for benefit, because continuous good cause for the failure to make a claim has not been shown from a day in the past period up to the date of the claim for backdating. The good cause is not continuous because the making of a claim for benefit inetervenes. But I take your point Jon, there could well be good cause for not requesting backdating even though a claim for benefit was made within the period for which backdating is requested.

If I understand Kevin’s post correctly, he is saying that it could be argued that the claimant need only show good cause for his failure to make a claim for backdating rather than a claim per se. So in the second scenario Chris has given, the request could be treated as a backdate because there was a continous failure to claim backdating, even though a claim for benefit was made within the period requested. The first sentence of the commentary in the CPAG guide does seem to support that interpretation, so I’ll go with it! The reg seems to use the word ‘claim’ to mean a claim for benefit and a claim for backdating within the same paragraph – confusing.