new claim form req?

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  • #31525
    emm
    Participant

    Am I right in thinking that if a claimant makes a claim and it is undisputed that at that time he doesnt qualfiy because his capital excedds £16K , that we cannot supercede that decision from a later date i.e. the following month when his capital reduces. i.e we need a new claim form and must make a new decision

    It’s been sugested that maybe as claimant has appealed we could treat the previous claim as made in advance of this c of c , and award benefit from when his capital reduces but as we have already made a decision on that claim and that decision was correct and cannot be revised, I’m doubting thats correct

    #88190
    Anonymous
    Guest

    Yes – the advance claim rule only applies where you are aware of a future change in circs at the time you decide the claim – the common case being a birthday.

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