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Council Tax Benefit and Rebate

sidefx
Posts: 1,235 Forumite
A friend of mine was diagnosed with severe depression 3 years ago and signed off sick from work. He has been on Incapacity Benefit for most of that time. Just recently he discovered he could have been claiming Council Tax Benefit and is thankfully well enough now to deal with applying for this.
He filled in the form online and requested it was back-dated for the maximum 6 months that the council allow, stating that his reason for not applying earlier was because he didn't know he was entitled to it. He has been successful in getting the benefit as from now, however they will not backdate the claim saying not knowing isn't a good enough reason.
The fact that he has overpaid £2400 in Council Tax makes him sick to the stomach. If they had overpaid him they would chase him till they got it. It really does seem very unfair.
Can anyone offer any advice? Should he appeal?
Thanks in advance
He filled in the form online and requested it was back-dated for the maximum 6 months that the council allow, stating that his reason for not applying earlier was because he didn't know he was entitled to it. He has been successful in getting the benefit as from now, however they will not backdate the claim saying not knowing isn't a good enough reason.
The fact that he has overpaid £2400 in Council Tax makes him sick to the stomach. If they had overpaid him they would chase him till they got it. It really does seem very unfair.
Can anyone offer any advice? Should he appeal?
Thanks in advance
0
Comments
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You have to show 'good cause' for not applying earlier. Unfortunately they do not consider ignorance of the benefits system to be good cause on it's own. That said, you can use that if combined with mitigating circumstances such as health. You say that he has severe depression he could ask for a reconsideration stating that his illness contributed to his inability to explore the benefits system fully, if he's under a CMHT they could verify the symptoms of his illness. Usually with severe depressive illnesses most people have little interest or ability to manage much of their day to day affairs. If they say that if this is the case then he should have had an appointee then it's wrong and irrelevant to the facts. Unless he does have an appointee, then they have to show good cause. Try it.
The following guidance comes from the “Department for Work and Pensions Housing and Council Tax Benefit guidance Manual”.
Meaning of good cause
2A.00 Good cause
• is not defined in legislation a number of Commissioner’s decisions deal with it
• includes any facts that would probably have caused a reasonable person to act as a claimant did, for example:
- The claimants age, health, background and knowledge of the Social Security (SS) system
- Information the claimant
~ had received or
~ could have obtained
2A.01 It is for the claimant to show good cause unless there is an appointee. The claimant’s explanation for the delay in claiming should be considered in the light of all the facts and circumstances.0 -
Thank you for your reply MamTor.
It does seem very unfair that he is so much out of pocket.
Maybe an appeal would be worth a try. He certainly hasn't been in any fit state to look after his finances.0
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