Terms & Conditions

[Louise]

This is probably a silly question but please don’t laugh at me. It’s been a hard week and I’m brain dead. We have a claim where the form didn’t come in within a month of IS claim. He has appealed saying that he did post a form in time but we have no record of receiving it. I believe him and want to pay but does that mean I’ve accepted that he made a claim and therefore ‘good cause’ needn’t be shown? Or does the fact that we don’t have the form mean I backdate?

[Kevin D]

[quote:dfc99f72f3]he did post a form in time but we have no record of receiving it. I believe him and want to pay but does that mean I’ve accepted that he made a claim and therefore ‘good cause’ needn’t be shown?[/quote:dfc99f72f3]

I think that sums it up perfectly.

Just one small point. There is a difference between accepting the clmt posting the form and then accepting that the LA received it. If you only accept the “posting” bit, then it’s backdating & good cause et al.

But, if you are accepting the LA did in fact receive the form and, by inference, mislaid it, then a claim has been made and it is not subject to the backdating rules. For audit, it may be an idea to place a note on the file confirming you accept the LA (or DWP) received a claim, but it has been mislaid.

Regards

[Louise]

Thank you. I don’t think we did receive it but I accept he posted it so good cause it is then.

[Author]

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