How far back can I claim HB?

bazzanoid

Afternoon all,

I was made unemployed a short while ago, claimed JSA/HB/CTB, and today i've sat down to look at the benefits calculator on my local authority website to see what help I would get at various income levels, to make sure that i knew what would be my absolute minimum wage i could take from a full time job and still be able to run the house etc.

It seems that for my circumstances, I am entitled to some help from HB all the way up to a wage of £23k/yr. Now, since i was on less than this, i'm wondering if i can back-claim for the period from when i moved out of my folk's place into my own (Sep 2003) up to the point where my wages moved past the £23k threshold (Nov 2007), as technically I was entitled to assistance but did not know about it, or even think of claiming.

I always thought that if I earnt £15k+ I wasn't entitled to jack diddly, but it seems that's not the case! I really struggled over the last few years since moving out when it turns out i could have received top-ups for the rent from the council the whole time.... very frustrating knowing now especially since i ended up in a lot of debt from running the house.. a back-claim would go a long way to clearing some of that debt.

Not trying to be greedy, I just feel that I've spent all my working life paying far too much into the system, only want to claw some of it back if I'm entitled to it!

Any thoughts on this would be appreciated.... and how to word the section on the claim form "why didn't you claim sooner" :rolleyes:

Thanks!

Barry

Zara33

I think it's three months that HB can be backdated.

cifpower

You cannot backdate if the reason is "i didn't know"

hippy-chicy

You have to show continious good cause as to why you did not apply at the time. As an assessor the fact that you were not aware that you could claim is not good cause. Also are you a single person? living on your own? do you have any disabilities or dependents? If you are (and dont) you will not qualify for HB or CTB anyway when you were on an income of 15k as this will be well over your aplicable amount. As the law says you need 60.50 pw

The maximum a claim can be backdated for working age is 6 months.

Nigella_2

Backdating Housing Benefit


If you make a late claim for Housing Benefit, we may be able to pay your benefit from an earlier date.


We can only backdate your benefit if you show continuous good cause for making a late claim. There is no formal definition of a ‘good cause’, so we judge each case on its own merits.

Time limits

The rules on backdating have recently changed. There are now shorter periods for backdating benefit.

If you are aged 60 or more the maximum period you can have your benefit backdated is 3 months before the date you request backdating.

If you are aged under 60 the maximum period you can have your benefit backdated is 6 months before the date you request backdating.

Because of the reduced time limits, we advise you to make your claim promptly if you think you need to claim benefit.

bazzanoid

Cool thanks guys; thought it was worth an ask! I know for definite which is good.

lukeface

There is no exact guideline on when the backdate can go back to at present, if there is a genuine reason for HB to approve this then they will do so.

I work for a housing association and was at the end of financial year HB meeting two days ago, and they did stress they are setting new guidelines for HB to only be backdated as far as 6months from April onwards, but in extreme cases where reasons are strong enough for a backdate longer then 6months then it will be looked in to.

And to add to that as well there is a new postcode lottery system that has come in to effect this week if you live in the Birmingham area, that if you have just started work and are entitled to at least 1p HB entitlement then you will automatically be approved for a 8 week run on for HB and council tax, post code areas from the top of my head are 'b23 and b35'

Hope that helps you

jezzebell

the backdating times changed last October. Under 60 can ask for backdating for 6months over 60 for 3 months

gemini24

Sorry, but ignorance of the benefit system is not considered "good cause for backdating".

spacemonkey95

I am in a similar situation. I have been receiving housing benefit since December 08, and now I have submitted a claim for housing benefit to be backdated between April 08 and November 08. This is because I had a telephone conversation with an HMRC employee when I SPECIFICALLY asked if I was entitled to housing benefits in my situation, and was told 'no'. It was only by chance in November that I discovered that information had been inaccurate and so I applied.

Unfortunately I do not remember the exact date and do not know to whom I spoke, but then if this employee was giving me incorrect information then there are probably no notes or anything to back up my claim. Is there anything I can do to raise the situation above 'my word against theirs', or am I screwed?

hbgirl

since oct08 the backdate limit for working age claimants is 6 months. sorry lukeface but the LA do not have discretion to extend this.

spacemonkey, even though you were misadvised, the LA might just say, you shouldn't've listen to HMRC advice but checked with the council as they are the people who decide HB/CTB. the backdating rules are very strict.