Housing & Council Tax Benefits - Over paid rent?

classadanni

Ive just realised that ive been overpaying on my rent for the past 2 years, I have always worked and went back to work after my 3rd child was born, didnt think that I would be entitled to any benefits because I still earned a wage.

Now ive found out im now entitled to housing & council tax benefits, I was just wondering if I can claim the money I have overpaid for the past 2 years?

If you underpay on your rent they chase you and get their money back, so can I get my money back?

Danni

GlasweJen

Did you previously apply for LHA and get turned down?

If yes then get your evidence that you applied together with your payslips/P60s for the time when you applied and any details of children who lived with you and benefits you got for them and send it to your local councils housing department asking for your case to be looked at again on the grounds that you were ill advised. They may argue that you should have chased this earlier but will probably backdate it for you for 3 months.

If not then how have you over paid? There are forms for benefits for a reason and if you don't complete and submit the forms then it is your own fault that you wont get any help. You can apply now to get the LHA but you wont get it back dated unless you can show a good reason for not applying and ignorance of your entitlement does not count as a good reason.

classadanni

I have not claimed housing or council tax benefits in the last 6 years because I have worked part time and thought I earned to much to qualify. Wasnt informed by anyone that I could claim benefit now that I have dropped my hours, a friend mentioned that I should be entitled to some help, so I looked on the benefit calculator and it seems that I am entitled to some benefit. As I said before was just wondering if there is anything I can do to get the benefit back dated since my son was born & i dropped my working hours 2 years ago?

DX2

classadanni wrote: »

I have not claimed housing or council tax benefits in the last 6 years because I have worked part time and thought I earned to much to qualify. Wasnt informed by anyone that I could claim benefit now that I have dropped my hours, a friend mentioned that I should be entitled to some help, so I looked on the benefit calculator and it seems that I am entitled to some benefit. As I said before was just wondering if there is anything I can do to get the benefit back dated since my son was born & i dropped my working hours 2 years ago?

You won't get HB and CTB backdated for 2 years.

Benefits_Bod

classadanni wrote: »

Now ive found out im now entitled to housing & council tax benefits, I was just wondering if I can claim the money I have overpaid for the past 2 years?

From this, I'm assuming you have NOT been receiving HB/CTB for the last two years and that you (and a partner if applicable) are aged under 60 and that you have not made a claim in that time and that there has been no overpayment of HB/CTB in respect of the latest previous claim. The rest of this post proceeds on that basis.

Firstly, claim asap. Secondly, also asap, make a claim for backdated benefit. In order to be entitled to backdated benefit, the onus is for you to show good cause for failing to claim earlier. In other words, you will need to give the reason(s) why you didn't claim earlier. Good cause must be continuous from the date you want to claim from** right up to the date you make, specifically, the claim for backdating.

** Backdated HB/CTB can only be awarded for a maximum of 6 months, with the six months being connected to the claim for backdating.

If you show continuous good cause, backdating must be awarded - subject to there being entitlement.

If the assumptions I have made are wrong, repost and I'll *try* and advise accordingly.

GlasweJen

OP has already stated that she didn't claim because "nobody told me I was entitled". This is not continuous good cause for not applying sooner.

classadanni

I didnt apply before because I presumed as a working (single) parent I wouldnt be entitled to any help. I dont get help with school grants or childrens free school meals either. I dont understand 'good cause' apart from the fact that no help was given to me earlier and I wasnt informed when I had my 3rd child that I could be entitled to help, the system hasnt been helping me and ive been trying to help myself.

How do I go about applying for 'backdaded benefit'?

Benefits_Bod

GlasweJen wrote: »

OP has already stated that she didn't claim because "nobody told me I was entitled". This is not continuous good cause for not applying sooner.

{Compiled and submitted before seeing the latest OP post}

If that is all there is to it, I'd tend to agree. However, if the OP has sought information and was advised "you won't qualify", the "nobody told me" statement would not be incompatible with, potentially, showing good cause for failing to claim earlier.

If such information was sought, the logical question is whether the claimant could have a reasonable expectation the the source of the information was appropriate for the enquiry.

As an aside, decisions on backdate requests are often no better than a flip-of-the-coin. Even Tribunals are remarkably inconsistent. I've seen claimants who should have been awarded backdated benefit get trashed and claimants who should have been laughed at walk away, er, laughing... The inconsistency isn't helped by the differing approaches of local authorities which range from the "we never give it" ethos to the "we nearly always give it because we don't want the hassle of appeals" ethos. I've worked in both environments and some in between. Neither of the extremes is healthy (or legal for that matter).

Benefits_Bod

classadanni wrote: »

I didnt apply before because I presumed as a working (single) parent I wouldnt be entitled to any help. I dont get help with school grants or childrens free school meals either. I dont understand 'good cause' apart from the fact that no help was given to me earlier and I wasnt informed when I had my 3rd child that I could be entitled to help, the system hasnt been helping me and ive been trying to help myself.

How do I go about applying for 'backdaded benefit'?

Based on this latest information, I can't see that "good cause" for not claiming has been shown. A claimant is expected to take some pro-active steps to find out what benefit s/he may be entitled to.

However, if you want to chance your arm, you need to contact your local council and either ask for a claim form (especially if you want to claim on an ongoing basis) or write a letter saying you want to:

a) claim benefit from now, and
b) claim backdated benefit as far back as legally possible (giving the reason(s) why you didn't claim earlier).

In truth, if I was deciding a claim for backdating based on the information available so far, I would decline it. But, your council's benefits section may take a different view of the facts.

classadanni

At the end of the day im a single parent going to work, trying so hard to pay my bills and keep my kids in clothes etc, some weeks only having £10 spare. I feel that the system has let me down & I wonder how many other working single parents have not claimed because they presume working entitles them to nothing. Its not fair that I have paid out £100 per week rent and I get no help back in the monies already paid. There must be a loop hole here for people like me, they are quick enough to moan when they dont get all their rent!

karenx

No, as you didnt know or didnt apply you cant then say you want it backdated for that length of time.
Put your claim in now for the future months