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

#9696
Kevin D
Participant

Hi Chris,

There is a CD (sorry, no ref for now) that somewhat sharply pointed out that “further info” in a claim form should have been treated as an appeal (or a request for a revision etc).

However, it will depend on the facts of each case and, in particular, the wording of the request. If there is any mention of the previous decision, I’d probably err on the side of caution and ask the clmt to provide reasons why he didn’t challenge the decision earlier. Then, go through the OOT routine and deal with the backdate as an alternative. Either way, you’ll get no thanks from TTS…. 😯

For what it’s worth, I agree with your analysis about the clmt having made an earlier claim. But, be aware that it is conceivable for it to be argued that the wording applies specifically to [b:10c6b19bbf]that[/b:10c6b19bbf] claim (i.e. the claim for backdating), even though the reg specifically refers to [b:10c6b19bbf]a[/b:10c6b19bbf] claim.

Regards