Start Date Question

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  • #31908
    jaws
    Participant

    Hi Everyone,

    I’ve been asked to check this scenario below and wondered if i was looking at it from the right angle (customer appealing start date):

    Claimant in receipt of [b:23935e0c64]JSA(IB)[/b:23935e0c64] since March 2010
    Moved into new property [b:23935e0c64]30/6/10[/b:23935e0c64]
    Survey form sent [b:23935e0c64]1/7/10[/b:23935e0c64]
    Survey returned [b:23935e0c64]14/7/10 [/b:23935e0c64]on which CTB app form was requested
    Form sent to claimant [b:23935e0c64]14/7/10[/b:23935e0c64]
    Form returned by claimant [b:23935e0c64]3/8/10[/b:23935e0c64]

    The claim has only been paid from [b:23935e0c64]09.08.10[/b:23935e0c64] – which is wrong but need to get the start date correct. (some say out CTax section could have sent a claim form on 01.07.10)

    My thoughts based on looking at reg 83(5) are:

    Reg [b:23935e0c64]83[/b:23935e0c64](5)(b) is not satisfied as the claim form wasnt received within 1 month of liability

    Reg [b:23935e0c64]83[/b:23935e0c64](5)(d) (ii) applies if 83(b) not statisfied. The customer has provided a valid claim form within 1 month of 1st contact therefore date of claim is the [b:23935e0c64]14.07.10 [/b:23935e0c64]and we pay from [b:23935e0c64]19.07.10[/b:23935e0c64].

    Another angle that have been thrown in the mix is:

    Can claim start from new liability date?
    Initial request for form was within one month of moving in – if on JSA(IB) and claim ‘received’ within one month of becoming liable, claim date is liability date.
    Is ‘claim received’ the same as request for claim received?
    Can you accept that a valid claim has been provided with within of liability JSA(IB) if it has been received outside of a month but within a month of the initial request which is within a month of liability – tongue twister or what. I dont think you can link reg 83 (5)(d)(ii) with 83(5)(b) as reg 83(5)(d) only applies if reg 83 (5)(a) (b) or (c) dont apply.

    I think that paying from the 19.7.10 is the correct answer.

    Let me know what you think

    Cheers

    #89215
    Kay_Tade
    Participant

    I think, as he is on a passported benefit, he made an intention to claim within a month of that date and he returned the claim form psoted to him within a month of issue, he is entitled to CTB from liable date.

    #89216
    Anonymous
    Guest

    As it stands, you cannot combine the “intention to claim” rule with the “one month for people on IS/JSA” rule. I’d pay from 19/07/10 and suggest the claimant requests backdating.

    See this thread: http://hbinfo.org/forum/viewtopic.php?t=21901

    #89217
    Kay_Tade
    Participant

    Piggy backing? Pension age rules v working age rules. I am of the mind that entitlement should start from liable date but as you can see many others[A lot actually] disagree.

    Well you have your options. {Or you can go down the “reasonable” route if you think the form was returned within a reasonable time from liable date}

    #89218
    Anonymous
    Guest

    Reasonableness does not factor into reg 83(5)(b) (the one month for people on IS/JSA rule).

    By piggybacking the two rules, you would be relying on both reg 83(5) paras (b) and (d). Have a close read of 83(5). In particular:
    [quote:8f1ecf43eb](d) except where sub-paragraph (a), (b) or (c) is satisfied, in a case where a properly completed claim is received in a designated office… [/quote:8f1ecf43eb]
    This suggests that (d) cannot apply where (b) does apply.

    I agree that you should be looking into paying from the liable date, but the only way you can do that is with a backdating request.

    Actually, could you treat the survey form (whatever that is) as an actual claim, albeit defective? The defect is remedied by the completion of the proper form, and you can pay from the start of liability without need for good cause.

    #89219
    jaws
    Participant

    I Come back from lunch and there is loads of replies 😀

    I initially piggybacked the reg 83(5)b with 83(5)d until I read the

    d) except where sub-paragraph (a), (b) or (c) is satisfied, in a case where
    a properly completed claim is received in a designated office bit and had to change my answer.

    [quote:ffa8034865]Actually, could you treat the survey form (whatever that is) as an actual claim, albeit defective? The defect is remedied by the completion of the proper form, and you can pay from the start of liability without need for good cause.[/quote:ffa8034865]

    That is a good way of looking at it as a you dont necessary need a form of such to make a claim + stops the need to get backdating looked at. The lady moved from another area to our and she says she thought the claim would be transfered automatically.

    Thank you both for your input

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