Backdate or late reconsideration??

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    helevans
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    Hi,

    we have a case where a claim was suspended and eventually terminated from October 09 for failure to provide evidence of income. The decision to terminate was made in Nov 09.

    In March 10 the applicant made a new claim and completed the backdate section of our application. The backdate req was made to feb 09 – benefit had already been paid for this period and up to Oct 09.

    We treated the backdate request as a late req for reconsideration. The late request was refused as reasons for delay were poor (bad weather, bad back and postal strike). Some months later the claimant wrote in again and asked for his “case to be looked at again”. We advised that the reconsideration right had been exhausted and advised to make an appeal against the decision to terminate benefit entitlement in November 09. no response was received.

    The landlord has lodged an appeal (not duly made) against our decision not to pay benefit for the period Oct 09 to march 10 when the new claim took effect. He claims that we have not acted correctly because we didnt make a backdate decision.

    My question is this – were we wrong to treat the backdate request as a late reconsideration request? I know that it wouldnt have made any practical difference as good cause wasnt shown but should we have turned down the backdate?? I am sending this to the TS and want to make sure we have done everything correctly :~

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