We have a client from a Middle Eastern country who is only able to demonstrate that they were born in 1949, with no specific date. Consequently, the UK Border Agency, following its usual convention, has given 1.1.49 as the person's date of birth on their Immigration Status Document.

The client applied for Pension Credit on the basis of being 60, but Pension Service has refused the claim on the grounds that the earliest date the client can be verified as having reached 60, and being entitled to PC, is 31.12.09. I.e., the decision follows the DWP convention of taking the last day of the year as the date of birth in such situations. Also, it cites Commissioner's Decision CP/1074/1997 as precedent.

We are now advising the client (who is incapable of work) to claim ESA, and then PC at the end of the year. Is this correct, or might there be any mileage in pursuing an appeal in relation to the client's date of birth and consequent entitlement to PC?

Thanks in advance for any responses to this query.

Tim Kell

Yes, claiming ESA then PC as you suggest is an option. Don't know about the merits of an appeal as I've not had a case like this myself. But as a point of interest, how can your client prove his year of birth but not the date?