Claim for PC- does it count as claim for HB?

My client was refused PC in Sept 2011 due to R2R. He did not seek advice until July 2012, so we did a late appeal. Decision was successfully reviewed in Jan 2013.

He was awarded PC all way back to Sept 2011 plus current HB plus 3 months b/ dating (he is in his 70’s) on a first claim for HB. I asked for HB/CTB to go back to Sept 2011 but he never claimed HB at that time, just PC.

HB have now said they cannot review beyond 3 months as no claim for HB was made earlier.

Is this correct? I thought to simplify the claims process, a claim for PC can count as a claim for HB without a separate claim for HB?

Many thanks!

That is how it should work if the SPC claim is made conventionally.  If he claimed SPC by telephone, the CAM system holds a digital recording of the interview and that is the claim - no need for paper as I am sure you are aware.  What is less widely appreciated, even among LAs, is that provided the telephone interview went according to script it should also serve as the HB claim as well - again no need for paper. A lot of LAs do not realise this.

If the interview did not run according to script (for example the claimant answered No when asked whether he also wanted to claim HB), or if he did not claim by telephone, then there is a risk that he has slipped through the net.  There isn’t a great deal the LA can do about it if there was absolutely nothing constituting either an HB claim or an expression of interest in HB before the claim that they finally processed.

Do you know what method he used to claim SPC?

He claimed on the telephone but was then visited at home by PC to complete the form - I presume this was to check his immigration status as he is Indian and his wife British. He originally came on a spouse visa but then got ILR.

Does this help?

Many thanks!