Alan Hind
Welfare Rights Officer, Welfare Rights Unit, Northumberland
Member since 06th Apr 2004
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RE: Housing Benefit backdating appeal - 10/05/05
Wed 23-Aug-06 01:14 PM |
I have a recently referred client who lost about 8 weeks benefit due to an intervention form not being returned within the LA's timescale last sep/oct (2005).
I understand, and agree, with your comments re ",,, force the LA to specify,,,". It would be useful to have some references/interpretation of legislation etc to support such an approach. Have there being any relevant developments since last year? are there any commissioners’ decision?
The only reference I have been able to find is from "Backdating Notes 2006 for Assessment Officers - 12/06/2006" which states:
DWP have advised that where a claim has been suspended and subsequently terminated because the claimant has failed to provide information, if he provides the information at a later date the LA can then decided whether to use it to reopen the claim. This is not considered backdating, although the LA will have to decide whether they accept the delay in supplying the information.
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