Client made claim via CMS on a Monday but HB only started following Monday. Doesn't seen fair really. Is it worth a challenge?

Can't see any basis for a challenge. The regs are crystal clear on this point (unusually so).

In determining the start date, there are two separate components.

Firstly, the date of claim is needed (HBRs 83 to 85***). Once the claim date is established, the second component is the date of commencement (HBR 76).

HBR 76(1) directs that HB entitlement SHALL commence from the "...benefit week following the date on which his claim is or is treated as made." In plain English, the following Monday.

The two exceptions to this are where liability commences for the first time in the same benefit week as the claim date; or, in cases of certain types of accommodation (hostels / board & lodging + a couple of others specified).

*** There may be occasions where the claim date is affected by occupancy issues.

OK Kevin thanks. This is how I'd read it but was hoping I was wrong.

So now I'm thinking about possible good cause for late claim. He finished work on the Friday, made his CMS claim as soon as could reasonably be expected. Would this been accepted do you think ?

Additionally he was 63 when he finished work but claimed JSA as he didn't know any better. I've advised him to claim PC which has now been awarded.

I'm wondering whether to go for PC backdating and then HB/CTB backdating on the strength of entitlement to PC.

Am I missing something?

Sue,

If he's over 60 and it's a new claim he doesn't need 'good cause' for backdating up to 52 weeks.

Mairi

I've found my Zebedee

Something so simple after all my mithering !!

I'd wrongly assumed they had to be in receipt of PC for automatic acceptance. My letter's winging it's way to the LA at this very moment.

HBR(PC) 64(1) doesn't get around the following Monday rule....

I know Reg 64(1) HB(SPC) regs doesn't get round that one but surely it does allow for not having to show good cause...so there should be no reason why they won't pay LHA for the week previous to the claim?

Maybe I've misunderstood the circs. So, perhaps, the best way to look at it is by way of example.

Claim made on Monday 18th Aug 2008. Normally, HB/CTB will then commence from 25th Aug 2008.

So what does HBR 64(1) do? In effect, the first date of "would-have-been" entitled has to be identifed. If the first day is, in any case, 18th Aug 2008, HB can only start from the following Monday (barring the exceptions mentioned previously). In other words, barring exceptions, HB/CTB should start from the first Monday after the "would-have-been" entitled date.

In order for HB/CTB to be awarded from 18th Aug, the "entitlement" would have to be present from 17th Aug (or earlier).

Does this clarify, or, erm, has it caused further confusion?

Seems spot on Kevin. From what he's told me about his last wage he would have have had entitlement (based on his income) before the first date of claim.

Thanks for all your trouble

I agree, if good cause is not an issue, then there is no reason (that I have noticed from your post anyway) why the claim could not be treated as having been made on the Saturday.