302Immediate provisional grant, and later backdating of other benefit

1. This section applies to an applicant for a benefit of kind A (for example, a supported living payment on the ground of restricted work capacity or total blindness) if MSD considers—

2. quick completion of MSD’s inquiry into the applicant’s claim for a benefit of kind A is unlikely (for example, quick completion is unlikely because of the need to obtain, or to obtain further, medical evidence about whether the applicant is under section 35, because of a health condition, permanently and severely restricted in the applicant’s capacity for work); but
3. the applicant is entitled to a benefit of kind B (for example, jobseeker support).

4. MSD may grant the applicant a benefit of kind B on the basis that a benefit of kind A will be granted retroactively if—

5. MSD completes its inquiry into the applicant’s claim to a benefit of kind A; and
6. MSD’s completed inquiry shows that the applicant is entitled to a benefit of kind A.

7. If MSD’s completed inquiry into the applicant’s claim to a benefit of kind A shows that the applicant is entitled to a benefit of kind A, MSD may—

8. grant the applicant a benefit of kind A, and commencing on the date on which it would have commenced if the inquiry had been completed before the benefit of kind B was granted; and
9. cancel the benefit of kind B on that date.

Compare

• 1964 No 136 s 12(1AA)