Terms & Conditions

[graeme]

Can anyone tell me if the rule which says you should assume that a claim ‘on the mat’ on a Monday morning was received in the previous benefit week still exists? And, where can I find it?

Thanks

[chris harvey]

Not aware of a rule as such, but I do know some authorities empty their letter boxes first thing on a Monday morning and datestamp the claims the previous day, because they have been delivered over the weekend. Potentially claimants could lose a weeks benefit if this were not done.

[Kevin D]

Could try these (courtesy of Stainsby on bygone threads)…

[b:0a6afe36be]R(SB) 8/89 (aka CSB/0788/1987)
CG/2973/2004[/b:0a6afe36be]

Not sure if “Levy” has any effect on these (I haven’t checked – it may be wise to do so).

[Anonymous]

Levy was concerned with the presumption in the Interpretation Act that articles that are posted are presumed to have been recived in the normal course of the post. It has overturned CSIS/48/1992 and a few other decisons along the way.

I dont think it has any effect on R(SB)8/89 because in the situation where the office is closed and mail cannot be delivered, the LA is making the post office bailees of the mail ( following Hodgson v Armstrong [1967] QB 299 and Lang v Devon General Ltd [1987] ICR 4)

Levy does not apply to items that are hand delivered or sent by fax or email. In this situation the date of delivery is the date of receipt, not the date someone picks up the fax or opens the email. See the decison of Mr Commissioner Jacobs R(DLA)3/05

[Author]

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