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on the back-dating issue - they received a back-dating request in October and should give a determination on it, with appeal rights. if it's been overlooked, technically, the decision is still outstanding, and you could push for a determination. they might want to know why he didn't chase it but you have disability reasons.
re the original mislaid claim - if they received it, then lost it, the date of claim should be the date it was received, and as the claim was not late, the backdating request was superfluous. The completion of the duplicate claim can be regarded as a resubmission of information needed by the LA to determine entitlement. If they have no record of the first claim being received, but you have good evidence that they received it, eg a receipt, or a case-note that you delivered it by hand, you could argue that they should _administratively_ accept the first claim as the date of claim, especially if there were admin problems on the HB section and loss of claim forms was common. the claimant should not suffer for their admin problems. if this was not the case, and the HB system has no record of the claim being received, i think the tribunals would normally accept the LA's evidence that no record = no claim received, unless you have something compelling to convice it otherwise. either way, i think all is not yet lost!
on the commencement date of the award, client seems to have a good reason for not moving in immediately, and his liability started in August - have they said why he can't be treated as occupying the home for a period n/e 4 weeks, under reg 6?
jj
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