Backdating Housing benefit

Kaybenson

Hello Folks, A Pal put in a claim for housing benefit and request for it to be backdated for a month. The claim was successful but the backdating was refused. The applicant stated that she is waiting a review of tax credit from HRMC. She is intending to appeal. What grounds of appeal can make her successful. Her income had been the same even few months before application. Cheers

[Deleted User]

very few HB claims are back-dated

Housing_Benefit_Officer

No grounds for appeal. The claimant deliberately held up claiming.

Claims are dealt with using the income being received and if the tax credit claim is being reviewed then the actual tax credit being paid is used and isn't good cause to backdate a late claim.

All claim forms I have seen say do not delay the return - you friend has delayed the return and lost a months Housing Benefit as a result. Hopefully the tardiness will act as a lesson to return claim forms and documents without delay.

Kaybenson

Housing_Benefit_Officer wrote: »

No grounds for appeal. The claimant deliberately held up claiming.

Claims are dealt with using the income being received and if the tax credit claim is being reviewed then the actual tax credit being paid is used and isn't good cause to backdate a late claim.

All claim forms I have seen say do not delay the return - you friend has delayed the return and lost a months Housing Benefit as a result. Hopefully the tardiness will act as a lesson to return claim forms and documents without delay.

So its impossible to get it backdated?

nannytone_2

Kaybenson wrote: »

So its impossible to get it backdated?

in this instance, id definately say it wouldnt be backsated.
there are very few acceptable reasons for backdating ...
and not claiming becaise you are waiting for something else isnt one of them.
they could have put in a claim and suoolied the information needed as they received it.
it may have taken longer for the claim to be sorted, but would have been paid from the date the claim was made ( well the monday after)

Housing_Benefit_Officer

Kaybenson wrote: »

So its impossible to get it backdated?

She has the right to ask for a reconsideration or appeal against the decision that has been made within one month of the date of the letter informing your friend backdating has been refused.

She has to demonstrate continuous good cause for the delay in making the claim.

However if she was of pensionable age the claim is automatically backdated for 3 months (Pensioners are given referential treatment, no bedroom tax, 100% Council Tax Support etc etc)