Date of claim, intention to claim etc etc etc

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    Michelle Hunter

    A little bit of assistance would be greatly appreciated in the following.

    I have case whereby customer downloaded HB/CTB1 from on the 22/09/2011 but did not submit it to Authority until 27/09/2011, therefore claim processed from 27/09/2011, paid effective 03/10/2011 as standard claim. Customer then requested backdating, which is where query arose from.

    Can we treat 22/09/2011 as the date customer intended to claim benefit and therefore treat this date as his first date of contact??

    Should we have treat his docs as date HB/CTB1 was downloaded from

    Zebedee & Regs state that customer must have notified intention to claim to a designated office (either by writing, email, telephoning, texting, visitng or sending a friend). No where does it state downloading from a website.

    In addition she moved into the property on the 19/09/2011…..

    Please help :~

    Kevin D

    Straight answer: I don’t know. But…

    If I was assisting the clmt, I would ask the LA this question:

    “What is the physical location of the server, or servers, on which the downloadable form is held?”

    If the answer is “within the LAs designated offices”, I would try and argue the request counts as “notifying” the LA and that this is covered by the “any means” provision of the intention provisions. In support of a wide interpretation being given to this, I would rely on the principles considered in “Novitskaya”.

    However, the weakness of the argument is the meaning of “notifying”. Is it really enough to just browse a website to consititute “notification”? I’m not sure.

    If the servers are off-premises, I think the argument is tenuous at best.


    Maybe the claimant’s expectation that the download date would be safeguarded would count as good cause? Does the form say to return it within a month of the date it was issued? If so it would not be hard to show good cause over a four-day period where two of those days were Saturday and Sunday.

    Andy Thurman

    I would say that downloading the form is a clear intention to claim even though the OP states it was done from directgov so no link to a particular LA/DWP office. It is “by any means” so that part is OK & would argue that it is a failing of DWP/local government if this isn’t properly registered as such in the required place.

    In the alternative, as Michael says, award a backdate.

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