Backdating start date debate

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    I’m currently working on an appeal from what I consider to be a very vexatious litigant. I’m sure I’ve got the situation right, but would appreciate any comments that other people can make as I am about to proceed with my argument in an appeal submission.

    Clmnt placed an application for HB on 30 January 2004.

    The Council decided that his claim should start from the Monday following the receipt of the form (2 February 2004). The decision to pay his claim was made several months later.

    In the meantime, the clmnt supplied a letter on 24 March 2004 requesting backdating for the statutory 52 week period.

    The Council awarded the backdating for the period 31 March 2003 to 1 February 2004 – 52 weeks from the backdate request being received, in line with HBR 1987 (72) (15) (stating that the 52 weeks backdated period is to be calculated from the date the request was received).

    However, the clmnt has cited regulation regulation 74 (1) (amendment and withdraing of claims) in support that the period of the backdate request was incorrect as the request for backdating (made 24 March 2004) should have been taken from the date on which the initial claim was filed (30 January 2004).

    I’ve repeatedly advised him that this is incorrect – that regulation 74 (1) deals with the amendment and withdrawing of a claim and does not allow for the amending of a date that a document was received. I’ve also repeatedly advised that Regulation 74 (1) does not override regulation 72.

    We’ve reached a mutual deadlock in disagreement on this issue. Can someone please confirm that I’ve got this right before I’m all reg’d out! Aarrggh!!!! 😡

    Any CD’s on this would also be good!

    Kevin D


    I agree with your analysis. Backdating can only be considered under HBR 72(15) [as was]. HBR 74 [as was] has no bearing on backdating.

    I also agree that HBR 72(15) sets the CLAIM date, but the start date commences from the following Monday – HBR 65(1) [as was].

    Funnily enough, another thread, today, mentioned an old piece of case law where a clmt SUCCEEDED in getting the 52 weeks taken from a date before the claim for backdating. [b:3da09903a8]HOWEVER[/b:3da09903a8], HBR 72(15) was amended from April 1996 (I think) and, to my knowledge, no one has expressed a serious view that the 52 weeks goes back from any date other than from when the claim for backdating is actually made under the current provision (i.e. from april 1996).

    Other thread (with links to other relevant threads)

    Other than the old Aylesbury Vale / England case, I can’t recall if the 52 week date was at issue in any of the backdate CDs on this site:

    Bottom line is, you’ll have to send it to TTS.


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