13-Nov-2015 02:37 posted by ifallouti | Leave a comment

In cases where doubt remains even after full particulars have been provided, it will be considered that the claimant failed to prove good cause.


An antedate may be allowed for an initial claim when the claimant is able to prove that he/she qualified to receive benefit on the earlier day and had good cause for the delay throughout the entire period of the delay.Failing that, if the qualifying conditions are met on a date subsequent to that for which the antedate was requested, the antedate can be considered as of that subsequent date.In all other claims for benefit the claimant need only show good cause for the delay throughout the entire period for the antedate to be accepted Claimants who request an antedate must show good cause for not filing at the earlier date.Jurisprudence has held that good cause is simply doing what a reasonable person would do to satisfy themselves as to their rights and obligations under the Act.There can be no part-way positions based on for example mitigating circumstances saying that the claimant had some justification for the delay even if good cause was not present.There can only be one decision–either there was good cause or there was not. In these situations the deciding factor is whether or not good cause exists for that part of the delay that immediately precedes the day on which the initial claim was made.

If so, antedating can be applied to the first day of that part of the delay for which there was good cause if not there can be no antedate.

As a corollary, antedating cannot be approved for a period where there is good cause when that period precedes a period for which good cause does not exist. Often the question will resolve itself into a matter of credibility.

Therefore, an individual who makes the assumption that he or she does not qualify.

It is not necessary to account for every single day but it must be readily concluded that there was good cause without any break for the whole period.

Furthermore the reason for the delay need not be the same throughout the period.

There may be a succession of reasons provided each is considered to be good cause.

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