pc back to oct 03 for 2nd adult-any 2AR BDAT provisions?

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  • #20239
    JR
    Participant

    I have a claim where a single claimant has made a claim for 2AR for her elderly relative who also lives with her. The pensioner has been awarded PCGC back to Oct 03 and the claimant has asked for 2AR to be backdated to Oct 03. Are there any provisions for this?

    #2468
    Anonymous
    Guest

    Looks like you have found a hole in the Regs there.

    Transitional Reg 29 in SI 2003/325 clearly refers only to the claimant or partner having attained the qualifying age.

    The provisions for revision and supersession following the belated award of a state benefit only apply to the claimant or a member of the family (and family for benefit purposes means the people who are included in the applicable amunt, so it doesn’t cover the non-deps who give rise to 2AR): see D&A Regs 4(7B)(b) and 7(2)(i)(ii). In any case, if this is a new CTB claim there would be no existing decision to revise or supersede.

    So it appears that you have to fall back on good cause. Pretty strong case I would have thought.

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