Backdating and appeal

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  • #45359
    Jo Gregory
    Participant

    Claimant asked for his claim to be backdated from 15.12.2011 – 16.04.2012.  The backdate request was refused and the claimant notified on 01.05.2012.

     

    However, the claimant has appealling against the decision. It is a late appeal (as recieved 9.1.13).

    The late appeal is fine….however, the claimant has now requested in his appeal that we consider backdating his claim from 20.02.2012 – 16.04.2012.  Which are different dates to the original request.

    Is this a new backdate request?  or can I treat it as a late appeal against the original decision?

    If its a new backdate request, then he will have new appeal rights, and will have to appeal again.

    Any help would be appreciated 🙂

     

     

     

    #127610
    Andy Thurman
    Keymaster

    It isn’t a new backdate request – if it was it would fail due to time limits!

    Without seeing any of the good cause considerations, it could be that they have accepted it didn’t exist up until the later date and so are just pursuing the appeal from then forward. It could equally be a ‘slip of the pen’ error. Assuming neither date relate to a decision to end a previous award (in which case you would look at whether that decision could be revised i.e. not really a backdate), I would consider the appeal as received but it would be good practice first to allow the claimant to correct this – give them a call to clarify.

    If you are accepting the late revision request/appeal, I am wondering whether it is now clear that you are dealing with someone struggling with good reason to deal with their affairs and that the backdate refusal should be overturned.

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