19 year old lad was employed by Macdonalds on zero hours/casual basis. In early September 2005 he started to become mentally ill, was unable to do as many shifts, and his earnings became variable. He lost his job in early January 2006, claimed HB/CTB from 09/01/06 and was awarded benefit. He did not ask for backdating. Averaging his earnings over an appropriate period of 05/09/05 to 08/01/06 he would have been entitled to backdated benefit. We put in a late appeal of the Jan 06 decision with continuous good cause on 26/10/06 and asked for backdating to 05/09/05. Does the 52 week maximum backdating count backwards from the time it was requested (26/10/06) or from the time of his original claim in Jan 06?

Any guidance would be greatly appreciated.

It's 52 weeks from the time backdating was requested I'm sorry to say (p221 Cpag handbook)

Hallam is correct.

A bit of history.... Before April 1996, most LAs believed that the 52 wk limit only applied from the time of the actual claim for backdating (i.e. as it does now). But, there was a successful JR challenge in 1995/6 where it was found that the 52 weeks was prior to entitlement - not the claim for backdating.

In anticipation of that outcome, the government amended the wording to it's current form wef 1 April 1996. No one has successfuly challenged the current version of the backdating reg in respect of the 52 week bar.

Regards

Many thanks, both. Shame for the client though.

Correction (no effect on the basic issue though).

Someone has kindly pointed out that my recollection of the JR case was wrong in one respect. Which, considering I have a transcript of the case law in question, is just a mite embarrassing .

The following is quoted from the person who brought the oversight to my attention (it has been marginally paraphrased):

"It was argued on behalf of the clmt that the 52 weeks ran from the start of entitlement rather than the date of the claim for backdating, but this was rejected by the judge.

Instead, he found that the regulations sought to place a 52 week limit on backdating, but, due probably to poor draftmanship, failed to do this. Effectively, until the DWP changed the legislation in response to the case there was no limit to backdating at all."


The legislation was duly changed from April 1996.