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Housing & Council Tax Benefit Backdating Your Claim

Housing & Council Tax Benefit Backdating Your Claim

You can use this form if you want your claim to start from an earlier date than you claimed.

Start Date of Your Claim

Your claim for Housing Benefit or Council Tax Benefit (HB/CTB) normally starts from the Monday after you submit a written claim form to the council.
Example: You hand in your claim on Wednesday and benefit will start from the following Monday if you are entitled.
The date your claim starts will be earlier if one of the following circumstances applies:

1) You claim HB/CTB within 4 weeks of submitting a successful Income Support or Job Seekers Allowance (income-based) claim.
2) You claim HB/CTB within 4 weeks of becoming liable to pay rent and/or council tax at a new address while receiving Income Support or Income-based Job Seekers Allowance.
3) You claim in advance of becoming liable to pay rent or council tax at a new address.
4) You claim within 4 weeks of a previous HB/CTB entitlement stopping.

As soon as you think you need benefit submit a claim in writing to the Council. Do not delay otherwise you could loose benefit.

Backdating Your Claim

If you were unable to claim at the appropriate time so you claim was delayed the Council may allow your date of claim to be backdated.
You must show continuous “good cause” why you were unable to claim at the appropriate time and throughout the period you want your claim to be backdated. The maximum period your claim can be backdated for Pension Credit age customers is 3 Months. The maximum period your claim can be backdated for working age customers is 6 months.

What is “Good Cause”?

Your benefit claim can only be backdated if you can prove that you had “good cause” for not applying at the appropriate time.
The Council will consider your reasons and decide if “good cause” for the delay has been shown. Generally “good cause” will be shown if something prevented you from applying.
Some examples of “good cause” may include:

• A stay in hospital
• Difficulty reading or understanding language
• Illness or disability
• Misled by official advice.

The Council will take into account in every case the claimants age, health and background, knowledge of the social security system, and the information obtained or which could have been obtained if reasonable enquiries had been made. The “good cause” must be shown to have delayed a claim being made and also throughout the period backdating has been requested.


What Is Not “Good Cause”?

“Good Cause” will not be shown if:

• A partner or other person could have claimed for you
• You did not know you could claim but failed to make reasonable enquiries when you needed help.
• You failed to make reasonable enquiries when able to do so
• Deliberate refusal to apply or neglect of your responsibilities through carelessness, thoughtlessness, forgetfulness.

Independent Advice

You can get assistance from the following local advice agencies. They will be able to offer free, confidential and independent help and advice on your claim.

Citizens Advice Bureau
Len Medlock Voluntary Centre
St George’s Road
Boston
PE21 8YB
Telephone: 08701 224422
Times: Office open Mon, Tues, Wed, Fri, 10am – 1pm
Telephone Only 10am – 4pm weekdays

Citizens Advice Bureau Advice Lincs
Free phone Tel: 08080 423 8423
Times; weekdays 10am -4pm

How Do I Request Backdating?

Complete the following form or submit a letter requesting your claim to be backdated. State the period you want your claim backdated and give the reasons that prevented you from applying at the appropriate time. If you have any evidence to support your request submit it at the same time.

Appeal Rights

Your request will be considered and you will be given a written decision. If you disagree with the decision you may appeal within 6 weeks of the date of the decision. The decision will then be reviewed and you will be notified of the outcome.

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