Just had decision that Pension Credit can only be backdated to Oct when it came in although client claimed PC within 28 days of status in Oct 2003 following home visit by Pension Service. Client has been in country since 2001 and would have got substantial arrears under IS rules or MIG but this was no longer available.

Does anyone know a way round this to get arrears?

The best way would probably have been to claim backdated IS at the same time as the PC claim. Can't see any reason why client could not have claimed backdated IS even though it had been replaced by PC by the time the claim was made.

If the client made it clear when they claimed that they wanted it backdated to 2001 it might be possible to argue that this is a claim for IS/MIG, since they couldn't have claimed PC for a period before it existed.

If not, try for an ex gratia payment, on grounds that client should have been fully advised by pS when they interviewed him/her.

Thanks a complaint is probably the only course of action available as the original claim within 28 days following a visit by the local pension service was lost! therefore it is not clear whether backdating was requested or not, my guess it is unlikely they would have suggested a claim for IS. will see what they say

A related query. In this type of case, I'm wondering if the right to fully backdated benefits is secured where the date of claim is within the 28 day period, but where that date of claim is established by giving notice of intention to claim and then submitting the form and relevant documents within a month of the notice of intention to claim?

More preceisely, assume the relevant documents are all lodged and accepted outwith the 28 day period, but within one month of notice of intention to claim. I would presume the right to backdating is not affected in this case, and is protected by the notice of intention being within the 28 days. Am I right?

For what it's worth I think that you are right. However, would not like to be working for the client who did this and then got shafted.

Date of claim in cases where notification of intention to make a claim is made is set by Reg 6(1A)(b) of Claims and Payments regs. Surely in Reg 21ZB of IS Regs the reference to a person "who claims income support within 28 days" must take its meaning of "claim" from Reg 6(1A)(b) in relevant cases?

I don't know if this has ever been decided.

Would also be interested in the (more difficult situation) of a claimant who could use Reg 19 of Claims and Payments to get their claim "backdated" so as to mean it started within the 28 days.....

Thanks Martin, a very informative reply.

I should clarify one thing. Of course we would not want to rely exclusively on 6(1A)(b), especially as our interpretation may not have been "officially" endorsed as yet. What I would suggest is we lodge the intention to claim (which is the easiest thing to do, e.g. by a simple fax to the DWP) immediately, and then do all that we can to ensure that the claim documents reach the DWP within the first 28 day period. We then fall back on 6(1A)(b) if this fails.

Borderline cases may arise where it is virtually impossible to lodge the documents in under 28 days. E.g. we see the client on the 27th day and it's nearly close of business on a Friday. At least the fax notice would then provide some chance of protecting full entitlement.