Terms & Conditions

[emm]

Please help – is this backdating or not?

JSA entitlement from 21/12/06

Customer requests claim form from LA on 19/1/07

Form received 31/1/07

Can we treat claim as being made within one cal month so start date is 25/12/06

or as form was not received within one cal month of start date of JSA the start date is 22/1/07.

As I see it, if we go with the first option- then claimants on jsa etc, get two months to make their claim- surely thats not right .

[Anonymous]

Subject to one possibility (see below), I think you are right: the date of first contact rule only applies if none of the other “treated as made” rules are satisfied. You cannot treat the claim of 31/1/ as having been made on 19/1, and then treat it again as made on 21/12

The claim was not made within a month of 21/12 (assuming 21/12 was the date of the JSA [b:5e4ba6351b]claim[/b:5e4ba6351b]). So that doesn’t apply. So the first contact rule does – claim treated as made on 19 Januaryt.

Now that possibility I mentioned …. any danger you could say there was a telephone claim on 19 January, or is your LA not doing that yet? If so, there was a claim within a month of 21/12 and that would be satisfied after all.

But failing that, I agree with what you have said up to now.

[Andrew_Lawson]

Your right thats not right! 😀

The claimant has one calender month from the date they got JSA so they need to make claim by 21/01/07.

As claimant has made contact 19/01/07 who can pay from the monday following. Any entitlement before this date would be backdating.

[emm]

Peter

He didnt make a telephone claim – just requested a form ( an intention to claim )

so I think we should only award from the monday after the form and consider backdating for the earlier period ( after jsa was awarded)

Thanks Again

[Author]

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