Backdating of benefit
Changes to the rules about Backdating
From the 6th of October 2008 the rules about backdating of Housing Benefit and Council Tax Benefit are changing.
Currently if you are over 60 you could have your claim backdated 52 weeks. From the 6th October 2008 this time period will be cut to 3 months.
Currently if you are under 60 you could have your claim backdated 52 weeks as long as you can show continuous reasons for not applying sooner. From the 6th October 2008 this time period will be cut to 6 months.
Current backdating rules
The Start Date of Your Benefit Claim
If there has been a reason which stopped or delayed you applying for Housing or Council Tax Benefit you can ask for your claim to be 'backdated' so that it starts from an earlier date.
Under Housing and Council Tax Benefit law your claim for benefit must be made in writing, either on a benefits application form or by letter. Normally we will start your claim from the Monday after we receive your application form or letter. It is therefore very important that you get your application form or letter to us as soon as possible because it affects the date your benefit claim will start from. If we send you an application form we will allow you 1 month to complete and return it. If you take longer than 1 month to return the form you might lose your entitlement to some of your benefits.
The Rules on Backdating Benefit
You can only ask for a backdate of benefits if there is a reason why you were unable to apply for your benefit earlier. If you disagree with the date your claim starts from for any other reason you can appeal against the decision.
In order for a backdate of Housing Benefit or Council Tax Benefit to be allowed you will have to show 'good cause' why you did not apply earlier. There is no formal definition of 'good cause', each case will be decided according to its own individual situation. There are no formal time limits on making a backdate request, but the maximum period that a benefit claim can be backdated is 52 weeks from the date we receive the backdate request.
If you want us to consider backdating your claim you will need to write to us. We will need to know your name, address, claim number and the date you want your claim to start from, as well as the reason you were late in applying for benefit. This request needs to be signed by you.
