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Top Pension Credit topic #504

Subject: "MIG backdating appeal" First topic | Last topic
JStreet
                              

Welfare Rights Officer, Nottm City Council Welfare Rights
Member since
26th Aug 2005

MIG backdating appeal
Fri 26-Aug-05 02:48 PM

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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Top Pension Credit topic #504First topic | Last topic