Backdaing more than 52 weeks?

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  • #20297
    su
    Participant

    We have now had a couple of claims where the DWP have failed to notify us of somebodies entitlement to PC.

    For example – we are told in December that claimant was awarded PC in October 04. Date of claim to us is December 04 – backdated 52 weeks takes them to December 03. They miss out on the period October 03 to December 03.

    Any suggestions?

    It has been suggested that we backdate their date of claim to October 04 and then wizz back under the 52 weeks PC backdate…but not entirely comfortable with the logic.

    #2658
    Mark
    Participant

    I don’t think there is anything you can do.

    There are 2 ways to work out the date of claim for these cases:

    1) Under the new auto-backdating provision (e.g. claim actually made 10 Dec 04 treated as made on 10 Dec 03).

    2) Under the old provision that says that a HB/CTB claim received within 4 weeks of a successful award of a passported benefit has a date of claim matching the start date of that passported benefit.

    In many ways this is a little strange because where people claim and are awarded Pension Credit backdated for 12 months the OLD (and still intact)provision is often better for the claimant’s HB claim than the new provision. In other words, the date of claim using method (2) is sometimes earlier than using method (1).

    In your case though you seem to be saying that the HB/CTB claims are not being made within 4 weeks of the PC award being made – and so option 2 is irrelevant.

    In practice I believe that all LA’s must always use the earliest date of claim that any of the methods produces.

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