Hey

Does anyone know of a commissioners decision, which I cannot recall, that states even a days delay in claiming benefit can be fatal to regulation 19 (4) (b) of the claims and payment regulations

Thanks in advance

Can you be more specific about the problem?

I just had a case, about two years ago, where the DM submitted that cl had been notified of decision x on 01-01-01 but did not claim benefit until 08-01-01 and the CD he referred said a delay of even one day can be fateful it is just something I am trying to locate. Thanks.

I can't find any such case in my stuff but there are plenty of cases which give more leeway for decisions and actions, such as CH/858/2006

"20. The local authority was not aware of the increase in the claimant's earnings until she mentioned it at the visit on 19 April; it took it into account on 13 May. That was less than a month later. Delay can be an official error. However, Ms Jackson argued that the local authority had taken a reasonable time to amend the claimant's award. I accept that submission. I note that a decision on a claim must be made within 14 days or as soon as reasonably practicable thereafter: regulation 76(3) of the Housing Benefit (General) Regulations 1987. There is no provision for decisions on supersession. Perhaps more leeway is appropriate once an award has been made than on an initial claim. But even applying the standard in regulation 76(3), I consider that the local authority acted sufficiently promptly to avoid an official error."

Thanks Gareth, it was simply just a DM submissions for an appeal i did some time ago and cannot recall the file reference number. My client had claimed IS and been refused then claimed IBJSA and backdated based on miss advice however DM submitted this CD that stated a delay of even one day when the claimant knew could claim would be fatal.

I just need to try and locate the CD as i cannot recall the clients name etc etc

Its all a question of reaonableness. Have a look at R(IS) 16/04.

Thanks Nevip, i had come across that one, not literally, the one i was thinking and cannot get out of my head is the line one day can be fatal as i think it may apply to my current client as she has got DN 19-09-09 and did not then make claim to JSA until 07-10-09 accepts that she got the DN on 19-09-09 and called DWP who told her to claim JSA but she waited over ten days.

Thanks again.

Well, did she have a Reg 19 claims and payments regs reason for NOT claiming immediately she was told to? The point is that you do have to claim JSA on the day you want it unless you can get it under one of the reasons.

Hi,

She has miss advice but then told to claim other benefit when called to say why no IS but delayed for the period mentioned and i think it is a problem as no language problems etc just that she didnt claim JSA as soon as she could or ought to have.

I wish i could recall my previous clients name, anyway thanks to you all.