Client and deceased husband were on MIG until his death on 5 July 2003 Client went to Jamaica to bury him in home country. There seems to have been a presumption that DWP would contact widow (client) this did not happen. Client unaware that she was not receiving MIG, advised to a claim, she did this on 25 sept, was in Jamaica from 15 July to 7 Sept. DWP have awarded MIG only from date of claim and have refused backdating to date of husband's death. DWP have looked at a very strict interpretation of C & P Reg 19.
?? is entitlement transferred to widow, or is a claim necessary on her part to establish entitlement? ?? does Reg 4 of C & P Regs come into play here? If tribunal (on 1 Sept) are prepared to backdate, there may be a problem for the perid she was outside UK as entitlement may not have been established before she went to Jamaica.?
Many thanks.
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