Situation:
Client phones to make ESA claim on 20/11/09, requesting backdating to 4/11/09. Under WTW linking, turns out should be IS/IB claims. DBC lose original claim data and medical evidence. After loads of phone calls & 'no trace of claim' (but, lol, IB50 sent!), new A1 & SC1 submitted 16/02/10, with client's copy of ESA1 showing original claim dates. Further medev lost, PCA passed, lo! IS claim admitted from 15/2/10. IS say back-dating cannot be taken into account, as 'different rules for IS'.
Problem:
I've checked SS (C&P) reg 19 and trawled Commissioners' Decisions. I seem to recall 'benefit in the alternative' from days of yore, but cannot find anything about this.
Solution?
Apart from the maladministration route, is there any reg I can employ to get the client's claim to kick in from November?