Claims made in advance

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  • #22472
    Simo
    Participant

    I have just been checking on our new claims which make up the Pi and am just thinking whether NEW claims following an extended payment period are in fact advance claims and for PI purposes should only be counting from the date the EPP finishes.

    eg claim made on 23/5/06 however epp only ends 18/6/06. If this ‘new’ claim was fully determined on 19/6/06 should it be a 2 day pi or 28?

    I have looked through the guidance manual and circulars but can find nothing to suggest the former – it just doesn’t seem right when i think of the way advance notifications of coc’s are counted.

    We could put a ‘treat as made’ date of 18/6/06 so would only count as 2 days but am unable to find anything which would support this method.

    #8200
    Anonymous
    Guest

    I think the new claim is a claim on the date received, and it should also be decided promptly. In 99.9% of cases the EP will exceed the claimant’s in-work entitlement, but occasionally you get an advantageous change that increases the claimant’s “regular” HB to an amount that exceeds the EP – this is most likely to involve a non-dependant leaving work, or the home, during the EP period. In such a case, the claimant is entitled to receive the higher amount: HB Schedule 7, paragraph 10.

    Reg 72(6)(b) says that any claim made during the EP period or the four weeks (no, not a month in this case) immediately following it shall be treated as being made [i:7eade3b261][b:7eade3b261]in respect of[/b:7eade3b261][/i:7eade3b261] the period immediately following the end of the last “regular” HB award – there is nothing about treating the claim as having been made on a different date.

    So the PI should, I assume, run from the date the claim is received, but you shouldn’t be penalised because there is no reason not to make a decision on the claim immediately. True, it won’t normally make any difference to the claimant for four weeks, but sometimes it does.

    See also Reg 89(3): even though the fast-track subsidy arrangements don’t apply any more you are still required to give these claims priority and it is clear from the wording of the Reg that you are expected to have the in-wprk award sorted out [b:7eade3b261]before[/b:7eade3b261] the EP comes to an end

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