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claiming esa income related and conts based. should a claim be treated as being an application for both
have a dispute which is going to appeal re this.
clients appointee ticked no when asked if they wanted to claim income related. now some time on and bdc refusing to backate income based elements to start of claim.
I have looked at the regs quoted by DWP but the regs dont seem to actually distingusih in terms of making a claim for the benefit they only seem to seperate the two at the stage of looking at entitlement.
am i reading the regs wrong here?
the ones quoted by the dwo submission are the 87 claims and payment regs and the 2008 esa regs.
See.
cheers for the link that was very helpful.
from your post on there i have gathered (i think!) that you agree that a claim for one is a claim for both. as client had high care at the start of the claim though i am thinking of asking for a review via (5)(a) of the D&A regs under official error
this seems an awful lot of hassle for money the client was due just because they ticked a box by mistake.