Terms & Conditions

[Anonymous]

Claimant made a claim in August, partner is from Russia, she did not have a NINO and would not apply for one as it would affect her immigration status. We advised that HB could not be paid in these circumstances.
Partner has now applied for NINO as she has received her right to reside status. They have made a new claim for HB, and are requesting that we pay back to original form. We have turned down this request as she had no NINO and had not applied for one at the time. Their Housing Officer has advised them that this is incorrect and to appeal .

Can anyone advise me if they would pay from original claim or am I correct in refusing???

[aosulliv]

I would pay on the basis that they have now satisfied the requirement for the first claim to be paid

[Ozzie]

I would have said that you are correct in not backdating to the original application date as the reasons you have quoted appear to agree with the recent DWP guidance that we’ve had in a situation such as yours. Hope that helps.
Jenni

[Anonymous]

If you merely advised that HB would not be paid and did not make a formal decision with full appeal rights, then the new claim is simply an amendment to the earlier one, and as the S1(1A) requirement has been fullfilled you must pay from day 1

If you did make a formal decision, there is now no subsisting claim to amend, but there is always the possibility of backdating the current claim, or a late appeal or request for revision of the decison to refuse benefit. Thus there is still a sound basis for paying the original claim

[Author]

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