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Date of claim

nevip
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I’ve been racking my brain to remember the case where a woman phoned the relevant department and made a vague enquiry about benefit entitlement.  The case upheld her argument that the date of claim should have run from the date of that call.  Anyone remember it?

Paul_Treloar_AgeUK
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nevip
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It’s not that one Paul.  I think it was for IS.  I think that the claimant wrote a letter, briefly outlining her circumstances and enquired in general terms “what an I entitled to” or in some such words?  It was decided on appeal that that enquiry should have triggered a claim for a specific benefit.  IS, I think.

nevip
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I’ve found it.  It’s Novitskaya v Brent

shawn mach
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Great brain-racking Nevip 😂 .... here’s our summary from back in the day if helpful:

https://www.rightsnet.org.uk/welfare-rights/caselaw/item/whether-necessary-to-complete-a-claim-form-or-name-a-particular-benefit-in-

Elliot Kent
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Is this Novitskaya?

https://www.bailii.org/ew/cases/EWCA/Civ/2009/1260.html

Maybe someone who has taken their copy of Vol III of Sweet and Maxwell home with them might have a better idea… I only brought Vol 1.

Edit: Snap!

nevip
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shawn mach - 14 April 2020 04:06 PM

Great brain-racking Nevip 😂 .... here’s our summary from back in the day if helpful:

https://www.rightsnet.org.uk/welfare-rights/caselaw/item/whether-necessary-to-complete-a-claim-form-or-name-a-particular-benefit-in-

Thanks Shawn

nevip
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Elliot Kent - 14 April 2020 04:13 PM

Is this Novitskaya?

https://www.bailii.org/ew/cases/EWCA/Civ/2009/1260.html

Maybe someone who has taken their copy of Vol III of Sweet and Maxwell home with them might have a better idea… I only brought Vol 1.

Edit: Snap!

Thank you too Eliot.  I also found it on BAILII

Paul_Treloar_AgeUK
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Elliot Kent - 14 April 2020 04:13 PM

Is this Novitskaya?

https://www.bailii.org/ew/cases/EWCA/Civ/2009/1260.html

Maybe someone who has taken their copy of Vol III of Sweet and Maxwell home with them might have a better idea… I only brought Vol 1.

Edit: Snap!

Only have volume 2 myself. Between us all, we must have a set surely?

Elliot Kent
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Paul_Treloar_AgeUK - 14 April 2020 04:25 PM

Only have volume 2 myself. Between us all, we must have a set surely?

Hopefully - I was on the fence between 1 and 3 but there is only so much that I could carry…

grant
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Hi all,

If needed I have access to the full 5 volumes.

nevip
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I’m actually working from the office, so if anyone needs anything let me know.

grant
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Likewise