My client applied for CTB 6 months after his 60th birthday. He had been transferred from IS to PC when he turned 60. He put in a request for 6 months backdating due to a delay in claiming with good cause. As expected, his backdating has been limited to the automatic 3 months and the good cause argument has not been addressed. Is it possible to apply the good cause rules for the delay in claiming to claimants over 60 to get 6 months backdating? I can't find the regulations that specifically don't allow that.

A couple of questions:

Was he not entitled to CTB before his 60th birthday?

Did he not make a claim for CTB at the same time as his PC claim?

There is no 'good cause ' rules for over 60 claims in the circumstances you describe, so you would have to rely on either challenging the ending of a previous claim for CTB or a claim having been made at the same time as PC but not processed

My client would have been entitled to CTB some months before his 60th but he was very unwell and although his sister helped him claim IS, no claim for CTB was made at that time. His IS was apparently converted to PC so it seems he did not make a claim for PC as such. He only contacted our service 4 months after turning 60 and I did a new CTB claim at that stage.

Assuming it is only "backdating" at issue, there is no provision for the "6-month" version for claimants falling within the "over 60" regulations. There doesn't need to be a specific "no entitlement" provision. There has to be a positive provision and it doesn't exist.

Thanks - I will let my client know.