I’m on about our fourth claim where we have decided that the earliest date a claimant or partner can be said to have “applied for” a NINO is the actual date of the allocation interview with DWP.
I can’t help feeling this is unfair, because where- as often happens- the person has to wait a few weeks for the interview this means that HB/CTB cannot be paid despite the fact that they have done what they are supposed to do.
Our decisions are based on explicit email guidance from the appropriate DWP Headquarters team……..but I wondered if others believe that they’ve interpreted the law correctly?
I have a case due for a tribunal hearing this month which I’m hoping to use as a “test case” one way or the other.
I don’t think the DWPs advice sits very well with the HB/CTB “date of claim” rules now. I am thinking for example of phone calls establishing dates of claim for up to a month in advance of a claim form, and of third parties now being able to make the first contact on a claimant’s behalf.
I don’t always worry too much about whether the law is “fair” (I can’t do anything to change it) but this one is worrying me!
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