This popular weekly column by Jim Strang focuses on welfare rights issues of interest to people living in Wirral.

This week the topic concerns the term good cause and the proposed changes which may come into effect later this year. Good cause for not having claimed earlier can mean that people can receive many thousands of pounds back-dated to the date when they should have claimed. This provision is important in industrial injuries or accidents as there is no limit and payments may, in some cases, be backdated to 1948.

Good cause means some fact or facts which, having regard to all the circumstances, including the claimant's state of health and the information he had received and could have received, would probably have caused a reasonable person of his age and experience to act or fail to act as the claimant did. This was described in the Commissioner's Decision CS/371/49 (KL). The term good cause is not, however, defined in the regulations, so there are many arguments which can succeed on this point. Ignorance of the law of its own does not hold water, but exceptional circumstances - e.g. mental health, learning disabilities, youthfulness - can be some of the reasons for a delayed claim. You are, however, expected to make enquiries from the DSS or other official sources or experts in the field.

The new rules expected to be introduced later this year could mean that regardless of the reasons, unless they fall into specific categories listed in the regulations identified as good cause, which is to be defined, then you could lose money to which you were entitled. Clearly this is a way of robbing the poor to pay the poorer. From October information given by an adviser will only be treated as if it was given in writing. I suggest that if you ask the DSS for advice you should get it in writing. If they refuse, ask to speak to the Customer Services Manager and insist. If they still refuse, contact your local MP as it may cost you money in the end - money that may legally be yours.

Claims will only be backdated three months and only a month on review. Some benefits will be exempt, but as yet I do not have details. I will let you know as soon as I do.

If you think that you may be entitled to benefit, then contact your local advice centre and make enquiries. This can be the Citizens' Advice Bureau or Unemployed Centre but don't forget to ask for the advice in writing. I am particularly interested in people who have had an accident at work or think that they suffer from an industrial disease.

Jim Strang comments: If you need to know more about any welfare rights or employment problem, then you can write to me, Jim Strang, c/o The Wirral Globe a SAE for the reply, without which you will not get a reply. If you wish me to act on your behalf then you can contact me on 678-4914 between 9.30am and 4.30pm, Monday to Friday. I will be holding my surgery at Beechwood Library on Tuesdays from 9.30am-12noon. No appointment is necessary, but you should get there early as I leave promptly at noon.

Readers are advised that Jim Strang represents clients on a 'no win, no fee' basis. Initial consultations are free. Full details are available from him.

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