[quote:4f275869f3]”Where a claimant makes a claim to HB/CTB alongside an associated DWP claim to IS/JSA(IB), the date of claim for HB/CTB purposes is the date IS/JSA(IB) is awarded from.
In all other cases date of claim will be first contact if all evidence etc is received within one month of that initial contact this is also the case when someone is claiming JSA(C)..” [/quote:4f275869f3]
That surely has to be some of the most utterly useless (and misleading advice) ever given. Remarkable. Even for the DWP.
Firstly, it conveniently fails to address the query. Secondly, the advice confuses the separate concepts of “intention” and “claim”. Thirdly, the reference to “evidence” being received within one month of first contact is clearly wrong. The law plainly refers to a CLAIM being made within one month of first contact / intention. Fourthly…. well, I’ll think of something….
Ok, so break it down. CMS is yet another of these wonderful (??) administrative arrangements introduced by the DWP. To my knowledge, it has no specific legal standing and all the usual regs apply. If my understanding on this is wrong, I’ll happily be corrected.
But, on the basis I’m not too far off the mark, the following is correct:
1) clmt on IS/JSA(IB): For an HB/CTB claim to count as being made on the first day of IS/JSA [u:4f275869f3]entitlement[/u:4f275869f3], the claim for HB/CTB must be made within one month of the date on which the [u:4f275869f3]claim[/u:4f275869f3] for IS/JSA(IB) was made.
2) if the above is not satisfied, only then does the “intention” come into the equation.
Fortunately, all is not lost in this case. Assuming the Customer Statement counts as the [u:4f275869f3]claim[/u:4f275869f3] for both IS and HB/CTB, the HB/CTB claim is clearly made within one month of the [u:4f275869f3]claim[/u:4f275869f3] for IS. On that basis, the HB/CTB claim date is the first day of IS entitlement – i.e. 17 Jul 06. In turn, the usual following Monday rule applies and HB/CTB will start from 24 Jul 06.
Does that work?
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