Claiming Back dated benefits

adamta

Sorry for the duplicate thread, someone suggested that it might get more responses if i posted my question here:

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

Robbie64

I assume your parents are over 60? If so, backdating of Council Tax Benefit is only possible for 3 months maximum by law. Under 60 it is possible to go back 6 months but only if you can show good reason for not claiming earlier. People 60+ do not need to show good reason but the backdating period is more limited.

I assume the figures above show backdated Council Tax Benefit totalling £1,043.19 which is

1. Council Tax Benefit from 01/04/10 to present, totalling £631.19 (ie equivalent to payments made so far this financial year 2010 - 2011 for Council Tax)
2. Council Tax Benefit for the financial year 2009-2010 to the total of £412. This will not be Council Tax for the full 12 months but rather back from (three?) months ago to 31/03/10.

Their weekly income sounds very low at £34 per week. Is there any reason why they aren't claiming any additional benefits?

adamta

Hi Robbie, Yes they are both over 60.

Your break down of the numbers looks right, they are basically back dating 3 months of council tax for 01/04/2010 -31/03/2011 and 01/04/10 to present.

Do you think it would be worth appealing and trying to get 6 months and try and show good reason for not claiming earlier? e.g incorrect advice given etc,

As to the weekly income it is very low, I will ask them about it, I think they are not claiming anything because they don't really know what they are entitled to. I will spend some time doing some research on this.

Hannah_10

My first thought was also what about other benefits. If you're researching what they might be entitled to a good place to start is https://www.entitledto.co.uk my immediate thoughts for what's likely are JSA (Job Seekers Allowance), ESA (Employment Support Allowance) or the state pension. You can find out about all of these at that website I just mentioned (it opens a page titled Turn To Us) and you can use their website to check what they may be entitled to too. Futher to that detailled personal advice is available free at the CAB (citizens advice bureau).

Hannah_10

adamta wrote: »

Do you think it would be worth appealing and trying to get 6 months and try and show good reason for not claiming earlier? e.g incorrect advice given etc.

If they were incorrectly advised by a professional there might be more they can do. Who has been advising them?

Robbie64

adamta wrote: »

Hi Robbie, Yes they are both over 60.

Your break down of the numbers looks right, they are basically back dating 3 months of council tax for 01/04/2010 -31/03/2011 and 01/04/10 to present.

Do you think it would be worth appealing and trying to get 6 months and try and show good reason for not claiming earlier? e.g incorrect advice given etc,

As to the weekly income it is very low, I will ask them about it, I think they are not claiming anything because they don't really know what they are entitled to. I will spend some time doing some research on this.

The 3 months limit is set in law and whilst they could appeal they will not likely get anywhere. The 6 months provision applies to under 60 year olds only.

You could speak to an organisation like the Citizens Advice Bureau who could advise you / your parents further on seeking redress about receiving incorrect advice. Any payment made this way would normally not be a normal benefit payment but rather a payment in the form of compensation known as an "ex-gratia" payment. You would need to have to show that during this period bad advice was given and the lack of a claim being made was down to this bad advice, not an easy thing to be able to prove if there is nothing recorded either in writing or on a computer somewhere.

Your parents should consider claiming Pension Credit, with one parent in receipt of DLA and the other Carers Allowance they would qualify for a fair amount of income each week. Local authorities who assess a claim for Council Tax Benefit where weekly income received by the claimant is less than a figure called the "needs allowance" usually advise the claimant to claim Pension Credit. A "needs allowance" is the amount of means tested benefit the Government calculates you need to live on each week. For married couples on Pension Credit this is currently a minimum of £202.40 each week.