CTR Start Date

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  • #285359
    garethbannister
    Participant

    Hi all,

    I’d be grateful for your ideas on this –

    Based on the default scheme, what would the start date be in this scenario:

    Claim date backdated to 08.10.2023 from 08.11.2023
    Intention to claim 29.09.2033

    I’m thinking the start date would be 02.10.2023 because the backdated date of claim is now within one month of the intention to claim. As I understand it, a backdated date of claim is not treated any differently to an not backdated date of claim.

    Am I right?

    Thanks very much

    Gareth

    #285379
    garethbannister
    Participant

    anyone??

    #285380
    Inga Mycroft
    Participant

    Does the customer meet the intention to claim rules, i.e. did they make a ‘proper’ claim within one month of being asked to do so by the LA/DWP/PS as a result of the initial intention to claim? If you’ve had to apply backdating for the period 08/10 – 08/11 it sounds like they didn’t?
    (apologies I have to understand all of the dates before when I’m working out start dates)

    #285382
    garethbannister
    Participant

    Hi Inga

    Well that’s my point really. We did not receive a claim within a month of the claimant notifying us of their intention to claim, but we if we then backdate the claim received later so the claim date IS now within a month on intention, do we then go back to the date we were notified of their intention to claim?

    #285383
    c_dewdney
    Participant

    Sounds like it is not a backdate.

    Following the claimant’s intention to claim, when did you send them a claim form?

    Most defalt schemes say that the claimant has one month (or such time as the LA deem reasonable) to return the form. The clock only starts from the date you send the form to the claimant.

    Given that you have considered a backdate you must feel that the claimant has “good cause” for the delay in their claim. I would therefore feel that you would also agree that the delay in returning the form is also “reasonable” and allow the extended period.

    I would therefore say that the claim should start the Monday following the intention to claim 02/10/2023 Without the need to backdate.

    #285385
    garethbannister
    Participant

    Yes, I agree. But for the sake of argument (to settle one :)) let’s say they only have good cause for one month, back to 08.10.23. Would placing the backdated claim date within on month of the intention to claim allow us to put it back further to the date of intention to claim?

    #285420
    Inga Mycroft
    Participant

    My gut feeling is no but as benefits works in it’s own mysterious ways I’m happy to be corrected!
    If we had a live case I’d end up wading through the regs

    #285902
    peham28
    Participant

    My own personal opinion. Intention to claim – form has to be received within one month, if not, then that is out the window, as separate issue to backdating. You cannot piggy-back an intention to claim onto a claim received date.

    So claim received 8/11/23, the claim date goes back one month so 9/10/23, claim starts Monday following 16/10/2023

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