backdated benefits

adamta

Looking for a bit of help and advice on my parents situation. They have been speaking to the council about their council tax for years and have been given different advice, eventually they had to go visit them to get things moving forwards and where awarded council tax benefit.

The last letter now awards us a council tax benefit equal to the council tax so they will not be liable to pay anything.

In addition we where offered some backdated benefit but only from 04-2009 . They have literally been phoning and spoken to numerous different people for almost 3 years. I have personally spoken to the council on their behalf lots of times and was told you have to pay the full council tax.

Their weekly income comes to 34 pounds and consists of carer allowance, DLA-care and disabled living allowance. So I have been paying for the council tax for 3 years (220pounds a month) out of my own pocket as my parents couldn't afford it for the entire period.

We have been offered:

Council tax for period: 01/04/2009-31/03/2010: -2060
tax benefit : -412
less payments received = -2060
being offered: 412 pounds

Council tax for period: 01/04/2010 -31/03/2011 : -2115.19
tax benefit: -2115.19
less payments received : - 631.19
being offered: 631.19

1- I am not sure why we are being awarded only 412 pounds for 01/04/2009-31/03/2010 when we have paid 2060. It looks like we have been offered backdating for just 2 months for each year. The letter says that if you are aged under 60 you should be able to get 6 months, or if your over 60 up to 3 months. Is this the law or a council policy which isn't legally binding?

2- I'm calculating I have paid around 6k over 3 years / over 4k for the period they specify 01/04/2009-31/03/2010. Should I accept the offer? or can I appeal and see if I can get more backdated as I feel this is a mistake and wrong advice given on their part, and not down to us not asking or phoning or questioning the large amount of council tax my parents where asked to pay when their income is less than 40 pounds a week.

Any help or advice would be appreciated :money:

adamta

thanks for the reply I've reposted the question in the forum you suggested.

The 34 pounds a week (£33.70) wasn't a typo I was also surprised as well, this is what the letter i have says, but will ask my mother about it when I see her next

John_Pierpoint

You could try a claim via the ombudsman for "mal-administration" but can you prove it (letters/recordings/recorded delivery)? and you have to complain via your local councillor (waste of time?) first.