Section 302 — Social Security Act 2018: Immediate provisional grant, and later backdating of other benefit

302 Immediate 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— (a) 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 (b) the applicant is entitled to a benefit of kind B (for example, jobseeker support). (2) MSD may grant the applicant a benefit of kind B on the basis that a benefit of kind A will be granted retroactively if— (a) MSD completes its inquiry into the applicant’s claim to a benefit of kind A; and (b) MSD’s completed inquiry shows that the applicant is entitled to a benefit of kind A. (3) 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— (a) 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 (b) cancel the benefit of kind B on that date. Compare: 1964 No 136 s 12(1AA)