Council Tax Benefit Appeal

Black_Pumpkin

I'm so so cross. I've always worked until over a year ago when my partner of 20+ years left me and my two children. At that time I was working nights so had to stop to be at home to look after the kids and also my world had just crashed around me and it made me quite ill. Not being ever out of work I am new to the whole benefits system and was only recently advised that I am entitled to Council Tax benefit. I put in a backdated claim but today received a letter telling me my claim was rejected and that I have the right to appeal. From what I read I don't feel too hopeful of a positive response. I am really skint, I am on income support and in receipt of a pathetic child maintenance of £140/month. Any advice out there on how to put a good appeal letter together would be gratefully received as I really need the money ....

SuziQ

Iwas told that being on IS I was automatically entitled to CTB-have you presented your proof of IS? I didn't get mine untl Iwas able to show the elegibility letter.

SuziQ

This is from www.directgov.com

If you're entitled to Income Support, you automatically qualify for:

• free dental care
• free prescriptions
• free school meals
• Housing Benefit
• Council Tax Benefit

suelees1

Unfortunately you don't automatically qualify for council tax benefit because you're in receipt of IS. You have to actually claim it. Unless you have continuous good cause for a late claim any appeal will be unsuccessful.

However if you claimed IS over the phone via a JCP call centre this should also be considered as a claim for some other benefits including council tax benefit.

SuziQ

suelees1 wrote: »

Unfortunately you don't automatically qualify for council tax benefit because you're in receipt of IS. You have to actually claim it. Unless you have continuous good cause for a late claim any appeal will be unsuccessful.

However if you claimed IS over the phone via a JCP call centre this should also be considered as a claim for some other benefits including council tax benefit.

Are you saying you have to claim CTB at the same time as IS or you lose it,or just that you lose the backdated part? The info I posted is cut and pasted from the govts' own site so are you saying it's wrong?

SuziQ

Have just found this and understand now what suelees posted.
You should claim benefit as soon as you need help because a claim cannot normally be backdated.
The Council can only backdate your claim if you have a good reason for not claiming earlier and can prove this. This is known as 'good cause'. Your explanation must cover the whole period for which you are requesting backdating. Any request for backdating must be made in writing. Please phone us for more information.
If the Council decides there was a 'good cause', then a claim can be backdated for a maximum of 52 weeks from the date the written request is received.
Examples of 'good cause'

• If the claimant was ill and had no-one to make the claim on their behalf.
• If the claimant could not reasonably have been expected to known their rights, e.g. if there have been detailed changes in the law.
• If the claimant did not understand that they could claim, perhaps because of age, inexperience, language difficulties, difficulty in understanding technical documents or some other reason.
• If the claimant was wrongly advised that they were not entitled to HB/CTB.
• If the claimant was unable to manage their affairs and did not have an 'appointee'.

I assume you weren't told about CTB when you went onto IS?
I must have been very lucky. I made my first application for IS on the phone and then had to go into my local jobcentre to check the forms and sign them. I was told on both occasions it was down to me to apply for CTB and to tell CTC about my change of circumstances.

suelees1

Income Support is a 'passport' to full CTB but no benefit is automatic unless valid claims are made.

It's been 2 or 3 years since the JCP rolled out CMS (customer management system) which is an information gathering process which means if customers made a telephone claim for IS, IB or JSA then the call centre also takes this as a claim for associated benefits - HB and CTB.

As I said in my post, if Black Pumpkin claimed IS by calling JCP and making a telephone claim then it should also be considered as a claim for other benefits. If she did then I'd say there are good grounds for appeal. If not and she made a paper claim for IS but didn't also claim CTB then unfortunately there is no automatic backdating CTB to the start date of IS.

suelees1

I'd been typing my post when yours was submitted SuzyQ. I hope my post explains the system. You'd obviously made the claim via the CMS. The information you provided over the phone is all then included in a 'customer statement' which is probably 10 or 12 pages long and which is then either sent to the claimant's home or to the local JCP office so it can be checked and signed by the claimant.

SuziQ

suelees1 wrote: »

I'd been typing my post when yours was submitted SuzyQ. I hope my post explains the system. You'd obviously made the claim via the CMS. The information you provided over the phone is all then included in a 'customer statement' which is probably 10 or 12 pages long and which is then either sent to the claimant's home or to the local JCP office so it can be checked and signed by the claimant.

thanks for that-it's great that 'people in the know' like you are willing to give your time and knowledge whilst people like me seem to just create confusion! I have to say I have been pretty lucky with the folk who have dealt with me since I went on benefits for the first time in April-completely clueless! I have had probs with ctc asking for repayment 3 times and am currently suffering a blip with the ctb people who are insisting I pay ct for my daughter who is at Uni but I'm sure that will sort out.