backdating or not

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  • #31841
    emm
    Participant

    claimant in receipt of JSA

    moved in 20/7/10 – same day as new liability
    requested from 13/8/10
    form rec’d 25/8/10

    claim form is received outside cal month of moving in – so do we start from 16/8/10 or can we treat date of claim as 13/8/10 and award from 20/7/10?

    #89047
    maz
    Participant

    MOVE IN 20.07 / DATE OF FIRST CONTACT 13.8

    AS THIS IS PASSPORTED BENEFIT CLAIMANT AND MOVED IN DURING FIRST WEEK OF LIABILITY AND REQUESTED FORM WITHIN 1 CALENDAR MONTH OF LIABILITY START DATE AND RETURNED WITHIN 1 CALENDAR MONTH OF ISSUE , YOU CAN PAY FROM 20.07

    #89048
    Anonymous
    Guest

    Nope, you can’t combine the two aspects of reg 83. So you’re either looking at 16/8/10 or backdating.

    When you sent the form you should have explained the importance of returning it within a month of moving in. If you didn’t do this I would say that counts for good cause.

    #89049
    Kevin D
    Participant

    Despite CH/392/2009, I *just* agree with Michael – i.e. piggy-backing under the “intention” provision isn’t allowed. But, if this ever got tested at UT, it wouldn’t surprise me if the outcome went the other way, despite the wording in HBR 83(5)(d).

    #89050
    Anonymous
    Guest

    392/2009 is the pension credit one isn’t it? I thought that was easily distinguisable due to the different phrasing of the regs…

    #89051
    Kevin D
    Participant

    I agree Michael, but I have heard it suggested (anecdotally) that some of the principles are applicable. Personally, in terms of “intentions”, I don’t see it. But, given some of the more, erm, “interesting” CDs/UTDs that have appeared over the years, nothing would surprise me.

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