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Backdating
Read on for more information about backdating your claim for Housing and Council Tax Benefit.
What is backdating?
We normally pay benefit from the Monday after we receive your claim form. It may be possible however to backdate your claim if you can show ‘good cause’ as to why you did not claim earlier. You must be able to satisfy us that you had good cause for the whole period that you are asking for backdating to be granted for. If we are satisfied with the explanation you give, we can backdate your claim.
How long can my claim be backdated for?
On 6 October 2008 there was a change to the backdating rules for Housing Benefit and Council Tax Benefit claims. Under the previous backdating rules, benefit could be backdated for 12 months if the claimant could show they had good cause for not claiming benefit earlier.
Under the new rules, the length of time for which a claim can be backdated depends on whether the customer is of working age or Pension Credit age.
Working Age Customers (women aged 18 – 60, men aged 18 – 65)
- The maximum period for which Housing and Council Tax Benefit claims may be backdated has reduced to 6 months.
- Customers will need to show good cause as to why they haven't claimed benefit earlier.
Pension Credit Age Customers
- The maximum period for which Housing and Council Tax Benefit claims may be backdated has reduced to 3 months.
- Customers do not need to show good cause as to why they didn't claim benefit earlier.
Working Age Men aged 60 - 64
Men aged 60 - 64 are working age customers, but are also entitled to claim Pension Credit. The following rules will apply to this group:
- If the customer, or partner, is in receipt of Income Support (IS), income-based Jobseeker's Allowance (JSA (IB)), or income-related Employment and Support Allowance (ESA (IR)), Housing and Council Tax Benefit can be backdated for 6 months. The customer will need to show good cause for not claiming before.
- If the customer is claiming Pension Credit (and no partner is in receipt of IS, JSA(IB) or ESA (IR)), the Housing and Council Tax Benefit can be backdated for 3 months. The customer does not need to show good cause for not claiming before.
So, what is ‘good cause’?
‘Good cause’ is something that prevented you from being able to make your claim at the right time. Unfortunately, just ‘not knowing’ that you could have made a claim is not, by itself, a good enough reason to allow backdating.
Examples of 'good cause' could be that:
- You were ill
- You were in hospital
- You were unavoidably away from home
- You were unable to manage your affairs
- You had a family crisis
- You had difficulties because English is not your first language
We do look at each case individually but can only make a decision based on the information you give to us, so it is really important that you give us as much information as you can to support your request for backdating.
In order to backdate your benefit we must be satisfied that a reasonable person of your age, health and experience would have acted in the same way as you did.
I'd like my claim to be backdated - what do I have to do?
Write and tell us why you think we should backdate your benefit, making sure you give us as much detail as possible to help us make our decision. There is section on the claim form which you can complete if you would like to request backdating.
I have made a claim for backdating, what happens next?
Based on the information you have provided, we will decide whether or not we are able to backdate your benefit. When we have made the decision we will write to you.
What if I do not agree with your decision?
If we refuse your request, you can ask us for a reconsideration of our decision.
Where can I get more help?
Visit Points of Contact for Benefits Help for more information about what to do and where to go to get further help and advice about Backdating your claim for Housing and Council Tax Benefit.
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