Advice on backdating SDP

Adult Daughter was living with mum who was getting AA/PC, not entitled to SDP due to this . Daughter left household, informed HB/CTB but not PC. How far can SDP be backdated? Daughter did not actually inform PC until Dec 11 when she actually left 2 years earlier. So far SDP only been backdated to Dec 11. Law seems to confirm this-any way of challenging it?

I don’t think there are any limits on how far an SDP can be backdated, I have just managed to get this backdated on a customer’s PC claim back to September 2006 without too many problems.  The Pension Service did insist on two PC10’s being completed though; the second seemed to be to clarify more that his circumstances had been the same for the whole period in question.  Maybe an idea to complete another of these with the exact dates written on it?

Christine - 14 February 2012 02:02 PM

I don’t think there are any limits on how far an SDP can be backdated, I have just managed to get this backdated on a customer’s PC claim back to September 2006 without too many problems.  The Pension Service did insist on two PC10’s being completed though; the second seemed to be to clarify more that his circumstances had been the same for the whole period in question.  Maybe an idea to complete another of these with the exact dates written on it?

Thanks , but the issue with the backdating is the fact that the change of circs wasnt reported by the daughter who is appointee whe she moved out of the household (the AA was already in payment at that point and before then).

I still don’t think it should pose a problem, I have seen other cases where backdating has happened due to a change of circs not being reported, and it has been processed without issue.

As I see it, the change (an advantageous change in circumstances for your clients) was not reported at the time by the daughter (appointee). They are now well outside the absolute time limit (13 months from the date of the change) to request the award is reassessed from the date the change occured. As such I can’t see how the PS can go back any further than the date they became aware of the change.

The only way around it that I can see would be if there is any evidence to demonstrate that the change was reported on an earlier date (but not acted upon by the PS). I suppose it is definite that daughter didn’t contact PS at the time to provide her new address?