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Top Housing Benefit & Council Tax Benefit topic #4549

Subject: "Backdate/Not Backdate" First topic | Last topic
MargaretGarner
                              

Benefits Advisory Officer, Dane Housing (Congleton) Ltd, Congleton
Member since
22nd Jan 2004

Backdate/Not Backdate
Tue 06-Feb-07 03:07 PM

I have a tenant who we have just found out will qualify for Housing Benefit. She is over 60 and so HB can go back for 52 weeks. However she moved from one of our properties to another one of ours back in October 06. The LA has said that when we complete the form they will go back to October but we will have to complete another form for her previous address and request backdating as it will not automatically go back. Is this right?

  

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Replies to this topic
RE: Backdate/Not Backdate, AndyRichards, 06th Feb 2007, #1
RE: Backdate/Not Backdate, Kevin D, 06th Feb 2007, #2

AndyRichards
                              

Senior Training Officer, Brighton and Hove City Council, Brighton
Member since
26th Jan 2004

RE: Backdate/Not Backdate
Tue 06-Feb-07 03:31 PM

I don't think so. The LA appears to be working on the basis that different addresses in the same area = separate claims. They will need the info for each address but the process of giving that info does not constitute a new claim each time. She is entitled to 52 weeks automatic backdating across the two addresses.

  

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Kevin D
                              

Freelance HB & CTB Consultant/Trainer, Hertfordshire
Member since
20th Jan 2004

RE: Backdate/Not Backdate
Tue 06-Feb-07 03:36 PM

"The LA has said that when we complete the form they will go back to October but we will have to complete another form for her previous address and request backdating as it will not automatically go back. Is this right?"

No. But, I'm guessing you're looking for a bit more than that... . The following assumes both the old and new addresses are in the same LA area.

HBR(SPC) 64(1) makes it clear that if a claim is made, a claimant SHALL be awarded HB for any period on which they are/were entitled, for a maximum of 12 months prior to the date on which the claim has actually been made.

This is an entirely seperate provision to the usual backdating that is provided separately by HBR(SPC) 64(13).

As has been observed many times before, there is no requirement to make a "new claim" for a different address. A change of address is merely a change of circumstances. HOWEVER, some LAs ask for a claim form to be completed for a new / different address as it's often the quickest way in which to get info that may be needed all in one hit.

My advice is to complete one form as a claim and another for the old address but the second form being clearly marked as simply being supporting info/evidence for the single claim.

Any problems, don't hesitate to make a complaint / appeal etc. And, feel free to show the LA this post.

  

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Top Housing Benefit & Council Tax Benefit topic #4549First topic | Last topic