Happy New Year all
I would appreciate views on whether it would be possible to argue that Reg 19(5)(d)could be satisfied by the fact that benefit entitlement notifications state that "This is how much the law says you need to live on", and if that could be seen as info from the DWP that leads someone to believe that a claim for benefit would not succeed.

Certainly in the right circumstances. We have often argued successfully, for instance, that someone awarded DLA MRCC after receiving such a notification could not be expected to realise that an increase in their income might make them entitled to IS through SDP. Similarly when someone is told their IB is too high they won't realise that after 12 months, when DP kicks in, this is no longer the case.

Richard Atkinson

Hi there, cheers for that. The situation with the SDP is one I am dealing with, so it is good to hear that you have successfully argued this point. Do you always get the full backdate or do they limit it to 3 months? This client had MRC for about 2 years before she became aware of her entitlement to IS.

Stuck with three months. It isn't possible to actually backdate longer than that. However in the situation you outline it all depends on the dates. If the IS decision (the one which led your client to believe they wouldn't be entitled) was made during a period for which MRC was subsequently awarded it might just be possible to argue for a supersession, or official error review, of that decision, rather than backdating on a new claim. If the IS decision was made prior to the period covered by the MRC award I think you're stuck unreasonable though it is and unless anyone has any other suggestions.

Richard Atkinson

Cheers again Richard

Richard, appeal was refused. Chair did not accept that the award letter was sufficient grounds to make client believe that there would be no further entitlement to IS. SoR states that she was not given info by officer of DWP leading her to believe a claim would not succeed. If you have a copy of a submission you have used to argue successfully in the past I would be grateful for a copy.
jorr@north-ayrshire.gov.uk
Cheers