I'm still smarting about Hinchy in the HoL, which has spoiled my day (I had a possible case where Carer's Allowance were notified but AA might not have been). So, to take my minds off things here's something I'm more sure of (I hope). Your duty as caring colleagues is to agree with me whole-heartedly.
Scenario: employed 17 year-old has car crash, bad head injury. Gets 28 weeks' SSP from employer, then form is filled in (SSP 1, I think) to claim Incap. This is treated as a standard NI based IB claim, because it follows a period of SSP. Standard IB no good - he's too young to qualify. Claims IS instead, with NI credits awarded.
I hear about this today, when he's a couple of weeks off his 20th birthday, still getting IS with Dis Prem only (middle rate DLA care, lives with parents). Long-term IBY is £22-odd per week better than IS. So, I rang JC+ Incap Section, to be told that his standard IB claim following end of SSP is NOT treated as a claim for IBY in the alternative and they don't issue an IBY form in such cases - "It's up to the claimant to make enquiries and lodge a claim on their own initiative."
I know this is wrong - I think there's a CD or two covering a claim for one benefit being treated as valid for another - and that's assuming that IB and IBY are in fact separate benefits in the first place, as opposed to different aspects of the same benefit. So, please, gimme da CDs !
I think, therefore, that there's still an unresolved claim to be determined, so there's no time limit on backdating involved. If I'm wrong (doubts creeping in) do you agree it's a compensation case?
Incidentally, to make you smile, the JC+ worker said that he couldn't have claimed IBY anyway because he wasn't (and isn't) in full-time education or training ! She got this completely the wrong way round - those conditions may PREVENT IBY, not help ensure it!
Jim
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