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!
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