Date of claim, intention to claim etc etc etc

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  • #40050
    Michelle Hunter
    Participant

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

    I have case whereby customer downloaded HB/CTB1 from direct.gov.uk 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 direct.gov.uk??

    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 :~

    #114327
    Kevin D
    Participant

    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.

    #114329
    Anonymous
    Guest

    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.

    #114331
    Andy Thurman
    Keymaster

    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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