can we go back more than 12 months?

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  • #31605
    emm
    Participant

    The DWP advised us that a claimant had applied for ESA in feb 09 and so we sent a claim form for CTB. The ESA award may have been cont based, but as the claim form for CTB was not returned no further action was taken.

    The DWP revised their decisions on 10/6/10 & 5/7/10 and have now awarded ESA ( IR) from 9/2/09 – consequently the claimant was sent a new claim form and has requested CTB also be awarded from 9/2/09

    can we also go back and treat CTB claim as made on 9/2/09 and award CTB – even though that would mean awarding CTB for a period more than 12 months earlier? or are we limited to 6 months ?

    #88352
    Anonymous
    Guest

    The DWP appear to have accepted a claim for ESA and for CTB. A claim is a claim, and so you are not backdating but revising your earlier decision in line with an award of a relevant benefit, so yes you go back all the way

    #88353
    Anonymous
    Guest

    I think it depends whether the Feb 09 ESA claim was also a claim for CTB – did you receive the LAID?

    #41238
    emm
    Participant

    we never received the LAID in feb09- we received an ETD (Council Tax decision Notice ) – with a note re start date of HB interest 6/2/09 on the bottom but no actual LAID or any other claim form for CTB until 28/6/10

    Any ideas?

    #88354
    Anonymous
    Guest

    You need to make a decision as to whether a CTB claim was made in Feb 09. The fact that an ETD was issued suggests that a CTB interest was recorded by the Jobcentre when the claimant was completing their telephone application. You could try and obtain a copy of the customer statement from the DWP (good luck with that!) or you could just assume that a CTB claim was made with the Jobcentre but the LAID never reached you.

    #88355
    sunnyjim
    Participant

    Based on what you’ve said, as the HB/CTB interest was set, I’d be inclined to assume that a claim was made in Feb 09 which never got to you……so you can assess now 18 months late!

    When ESA was first introduced wasn’t the process for claiming HB/CTB along with it a clerical one ie complete a HCTB1 form? If so it’s very likely it just got lost.

    #88356
    emm
    Participant

    I understand what you are saying but doesn’t 5 (1) (m) of the SSAA exlcude a payment of CTB beign made which is sought more than 12 months later?

    #41242
    Anonymous
    Guest

    If you accept that a claim for CTB was made at the time of the ESA application, all you have to deal with is a claim that has been outstanding for more than 18 months. This is not backdating at all.

    #88357
    emm
    Participant

    Thanks..I see your reasoning now !

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