Benefit rules

kizzy69

Hi

Is there someone who can help me. My mum has moved recently from a 3 bed detached house which she has lived in for the past 35 years, to a 1 bed bungalow, so as you can imagine there was alot of sorting out to do and it was quite an emotional experience. Anyway my mum gets Housing and Council Tax Benefit and with all the sorting out to do with the move I forgot to send in the new benefit forms, my mum moved in on the 1st May and they didn't receive the forms until the 25th June so now they will only give her the benefit from the 26th June as it is over the 4 week rule. Which means she will have to pay nearly 8 weeks rent and council tax herself which she is struggling to do. I am really worried about her as she is 76 and has a heart condition and if we appeal they want a good reason as to why they received the forms late. I have got 2 weeks to appeal to them in writing.

Can anyone help please !
Many Thanks

real1314

I don't think you can ask anyone to suggest a reason? just explain what happened, that your mum is 76, that in all the moving she forgot.

bigbill

Council !!!!!!!

Mum can get up to 12 months HB & CTB arrears due to her age, no asking, no backdating just allowed automaticaly for over 60's.

Morglin

The rules state:

......."From 6th October 2004 the time limit for claiming Housing Benefit / Council Tax Benefit was extended for up to 12 months for people of Pension Credit age and above (i.e. 60).

This is unlike normal Housing Benefit backdate rules. Backdate rules state that ‘good cause’ needs to be shown before backdating of a claim can be considered. As this rule does not fall into the same category, ‘good cause’ for backdating a late claim does not have to be shown in this instance."


Go back to the council and tell them to read their own regulations.....:rolleyes:

Lin

real1314

New one on me that. You learn something every day.

not got a ZebedeeWard&Lister para no. for it have you?

lil_me

http://www.dwp.gov.uk/advisers/rr2/print_rr2.asp#backdating1

Backdating a claim

Your claim to HB/CTB may be backdated in some circumstances. You must prove to the council that there was continuous good cause for not having made an earlier claim. However, the maximum time the council can go back is 52 weeks from the date your claim for backdating was actually made. You must show there was ‘good cause’ for not making an earlier claim throughout the whole of any period you want backdated up to the date your claim for backdating was made. [HB Regs 83, CTB Reg 69]
If you have reached the qualifying age for state pension credit your HB/CTB may be paid for up to 12 months before the date you made your claim. You do not have to ask for this and you do not have to show “good cause” for not having claimed earlier. [HB(SPC) Reg 64(1), CTB(SPC) Reg 56

mayrafe

Morglin states in a posting last year that the regulation that allows over 60s to claim 12 months' backdated housing & council tax benefit (without showing cause) came into effect in October 2004.
Is this a definite date? (Not meaning to doubt Morglin but the precise date is very important to me.)
Where is this regulation stated?
Are all local councils obliged to abide by these rules?
Many thanks.
MayRafe (new member)