I have noted in the guide to HB/CTB (Zebedee,Ward & Lister 2003/4 page91-5.87)that " Authorties must invite a renewal claim at some time during the 8 weeks period before a benefit period is due to run out - unless the benefit period was originally fixed as less than 16 weeks"
Our client never received a renewal invite.
Our clients benefit period commenced Tuesday April 1st 2003 to Sunday July 20th 2003. This - I calculate - is 2 days short of 16 weeks (16 weeks would = Tuesday 22nd July 2003).

When does the benefit week begin? Does it run Mon to Friday in the week in which the benefit started (in this case Monday 31st March 2003 - 16 weeks would then take up to Friday 18th July 2003). If that be the case her LA should have written to her to invite.

Any thoughts out there?

Benefit weeks run Monday to Sunday. In your clients case, it seems that she has a non weekly rent and so the uprating will take effect on 1st April. (This is not the same as the begining of the benefit period.)

If I am wrong and the benefit period did begin on the 1st April, presumably because her liability started on that date, then the decision notice awarding benefit must include a statement as to the end of the benefit period

The issue of the non issue of the renewal invite may be relevant to establishing good cause if the LA was required to invite a new claim, but the failure to notify the end date of the benefit period is even more pertinent.

You have two lines of attack on this one. Firstly you can use the failure in your argument to establish good cause for backdating, or alternatively, you can argue that no decision to end the benefit period has legitimately been made and so the Council should correct this error by extending the benefit period and notifying your client of the new end date (which should of course be set at some reasonable time in the future... could be up to 60 weeks from April 2003)

I would use both arguments in any supporting letter or appeal

To back up Stainsby's argument that failure to invite a new claim can amount to good cause for backdating purposes, there is a useful Commissioner's decision in issue 100 of the Adviser magazine - CSHC/352/2002 which deals with this point.

CSHC/352/2002 is avaialbe @

http://www.osscsc.gov.uk/judgmentsfiles/j1113/cshc%200352%202002.doc