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Top Housing Benefit & Council Tax Benefit topic #4987

Subject: "Backdated Housing & Council Tax Benefit" First topic | Last topic
cathmac
                              

Assistant Manager - supporting all Volunteers, East Dunbartonshire CAB, Kirkintilloch
Member since
14th May 2004

Backdated Housing & Council Tax Benefit
Thu 31-May-07 10:03 AM

I'm in the process of assisting client with claim for backdated HB/CTB claim.

The LA have have decided that client does not meet the "good cause" criteria. They refer to legislation they have used as Housing & Council Tax (General) Regulations 72(15)& 62(16)

I am unable to locate these regs online to check they are using the correct regs and would be grateful if any one could provide a link to these as well as details of HB reg 83(12, HB regs: reg64(13).

  

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Replies to this topic
RE: Backdated Housing & Council Tax Benefit, jmembery, 31st May 2007, #1
RE: Backdated Housing & Council Tax Benefit, cathmac, 31st May 2007, #2
      RE: Backdated Housing & Council Tax Benefit, nevip, 31st May 2007, #3
           RE: Backdated Housing & Council Tax Benefit, cathmac, 31st May 2007, #4

jmembery
                              

Benefits Manager AVDC, Aylesbury Vale DC - Aylusbury bucks
Member since
01st Mar 2004

RE: Backdated Housing & Council Tax Benefit
Thu 31-May-07 10:27 AM

Those are the "old" Regulations and no longer in force.

Reg 83(12) of the current Hb regs is copied below. The CTB Reg is much the same.

(12) Where the claimant makes a claim in respect of a past period (a "claim for backdating") and, from a day in that period up to the date of the claim for backdating, he had continuous good cause for his failure to make a claim, his claim in respect of that period shall be treated as made on—
(a) the first day from which he had continuous good cause; or
(b) the day 52 weeks before the date of the claim for backdating, whichever fell later.

Not overly helpful so the link to the "Good Cause"part of the Hb manual is below.

http://www.dwp.gov.uk/housingbenefit/manuals/hbgm/annex/a2annxa.pdf

  

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cathmac
                              

Assistant Manager - supporting all Volunteers, East Dunbartonshire CAB, Kirkintilloch
Member since
14th May 2004

RE: Backdated Housing & Council Tax Benefit
Thu 31-May-07 10:51 AM

Thanks for your help on this matter and as you say the regs have now changed to 83(12)


  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Backdated Housing & Council Tax Benefit
Thu 31-May-07 02:59 PM

The classic definition of good cause is found in R(S) 2/63, at paragraph 11.

http://www.rightsnet.org.uk/pdfs/rs/2_63t.pdf

  

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cathmac
                              

Assistant Manager - supporting all Volunteers, East Dunbartonshire CAB, Kirkintilloch
Member since
14th May 2004

RE: Backdated Housing & Council Tax Benefit
Thu 31-May-07 03:36 PM

Nevip, thanks for you advice, this will be very helpful in my case

  

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Top Housing Benefit & Council Tax Benefit topic #4987First topic | Last topic