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Top Housing Benefit & Council Tax Benefit topic #6317

Subject: "proposed reduction of period of backdating to 3 months - consultation" First topic | Last topic
dcarlin
                              

Paralegal, Housing Team, Hopkin Murray Beskine Solicitors, London
Member since
06th Dec 2005

proposed reduction of period of backdating to 3 months - consultation
Tue 18-Mar-08 04:27 PM

Not sure if this has already been raised on rightsnet, but thought I should do it anyhow:

From: NAWRA, <mailto:NAWRA@cpag.org.uk>
Sent: 25 February 2008 11:32
Subject: Proposed changes to HB/CTB backdating timescales - request for case studies
Importance: High

Dear NAWRA members

In April, the Social Security Advisory Committee (SSAC) will be scrutinising a set of regs that will have the effect of reducing the maximum period for backdating PC, HB and CTB from 12 months to 3 months.
Gill Saunders at SSAC has mentioned to DWP officials that she has been approached by a number of individuals and organisations who are concerned about the consequences of these changes, with particular reference to HB for vulnerable tenants. The sort of information that she has been receiving would, she thinks, help officials to better 'impact'
the proposed changes, and it would be best directed to officials at this stage.

Any current information on the numbers who benefit from backdating (within and outside a three month period), the characteristics and circumstances of those who have their applications for backdating claims accepted and actual case studies would be particularly useful to help the DWP understand in more detail the likely scale of any impact.

If any NAWRA members would be willing to provide the DWP with such information they can e-mail it to Carol Foster-Middleton at Carol.Foster-Middleton@dwp.gsi.gov.uk. Please also copy in Gill Saunders at SSAC (ssac@dwp.gsi.gov.uk)

Best wishes

Kelly Smith
Secretary
National Association of Welfare Rights Advisers (NAWRA) 020 7837 7979 ext. 246

** new NAWRA website: www.nawra.org.uk **

  

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Replies to this topic
RE: proposed reduction of period of backdating to 3 months - consultation, nevip, 18th Mar 2008, #1
RE: proposed reduction of period of backdating to 3 months - consultation, Kevin D, 18th Mar 2008, #2
RE: proposed reduction of period of backdating to 3 months - consultation, jj, 18th Mar 2008, #3
      RE: proposed reduction of period of backdating to 3 months - consultation, nevip, 19th Mar 2008, #4
RE: proposed reduction of period of backdating to 3 months - consultation, MikeRob, 08th Sep 2008, #5
RE: proposed reduction of period of backdating to 3 months - consultation, jmembery, 08th Sep 2008, #6
RE: proposed reduction of period of backdating to 3 months - consultation, jutucker, 08th Sep 2008, #7
      RE: proposed reduction of period of backdating to 3 months - consultation, jutucker, 08th Sep 2008, #8
      RE: proposed reduction of period of backdating to 3 months - consultation, nevip, 08th Sep 2008, #9
      RE: proposed reduction of period of backdating to 3 months - consultation, franic, 08th Sep 2008, #10
           RE: proposed reduction of period of backdating to 3 months - consultation, AndyRichards, 09th Sep 2008, #11
                RE: proposed reduction of period of backdating to 3 months - consultation, shawn, 09th Sep 2008, #12
                     RE: proposed reduction of period of backdating to 3 months - consultation, shawn, 09th Sep 2008, #13

nevip
                              

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

RE: proposed reduction of period of backdating to 3 months - consultation
Tue 18-Mar-08 04:35 PM

It has been raised before. I remember watching the smarmy Caroline Flint speaking in the debate in the House (no not my house, well yes I was watching it in my house. Oh never mind).

The question I have is this. She said that she wants to bring the period into line with other working age benefits. But which ones? IB, CA where backdating is without having to show grounds? HB where you have to show good cause? Or IS, JSA where you have to satisfy one of a list of statutory grounds?

  

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Kevin D
                              

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

RE: proposed reduction of period of backdating to 3 months - consultation
Tue 18-Mar-08 05:09 PM

Tue 18-Mar-08 05:09 PM by Kevin D

For HB/CTB, my understanding of the proposals is that "auto backdating" (i.e. no good cause) would be retained for Pension Credit age claimants, but "good cause" will still need to be shown for working age clmts.

In my personal opinion, if the backdate period is in fact reduced to 3 months, it should be dependant only on there being a claim and, of course, being entitled - i.e. no good cause or other strings etc. That removes all confusion and inconsistency in a stroke - everyone knows where they stand and, presumably, it would save a fortune on admin in terms of backdating appeals etc. So, no chance of that happening then....

  

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jj
                              

welfare rights adviser, saltley & nechells law centre birmingham
Member since
21st Jan 2004

RE: proposed reduction of period of backdating to 3 months - consultation
Tue 18-Mar-08 05:09 PM

blimey, paul - are you expecting 'em to have thought it through before they open their mouths? that'll be the day...

  

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nevip
                              

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

RE: proposed reduction of period of backdating to 3 months - consultation
Wed 19-Mar-08 08:54 AM

What was I thinking!

  

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MikeRob
                              

Senior Advice Worker, Stockton CAB / Stockton & District Advice and Info
Member since
09th Sep 2004

RE: proposed reduction of period of backdating to 3 months - consultation
Mon 08-Sep-08 08:34 AM

Does anyone know what's happened to this I have seen no plans to actually implement this, let alone a date.

  

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jmembery
                              

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

RE: proposed reduction of period of backdating to 3 months - consultation
Mon 08-Sep-08 09:47 AM

Circular today (G-17) says still being considered for October and DWP will let us know if it is going ahead as soon as decision is made.

  

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jutucker
                              

Welfare Benefits Adviser, Shelter Cymru
Member since
30th Apr 2008

RE: proposed reduction of period of backdating to 3 months - consultation
Mon 08-Sep-08 09:51 AM

Take a look at General Information Bulletin G17 - 2008, issued today. Should be available on the DWP website.

  

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jutucker
                              

Welfare Benefits Adviser, Shelter Cymru
Member since
30th Apr 2008

RE: proposed reduction of period of backdating to 3 months - consultation
Mon 08-Sep-08 09:52 AM

Sorry didn't see the earlier posting!

  

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nevip
                              

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

RE: proposed reduction of period of backdating to 3 months - consultation
Mon 08-Sep-08 10:49 AM

The latest discussion on the site is here:

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=108&topic_id=3572&mode=full

  

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franic
                              

Training and Research Officer, Lancashire Welfare Rights Service
Member since
30th Jul 2008

RE: proposed reduction of period of backdating to 3 months - consultation
Mon 08-Sep-08 12:35 PM

As far as I can see, no copy on DWP website YET - anyone got one to share?

  

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AndyRichards
                              

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

RE: proposed reduction of period of backdating to 3 months - consultation
Tue 09-Sep-08 10:56 AM

DWP has just issued a HB/CTB bulletin (G17/2008), part of which says -

"Change to backdating rules
5 Earlier this year, the Government announced a package of measures to streamline the process of administering benefit claims. Part of this package involves reducing the time for claiming Pension Credit and HB/CTB for those who have reached the qualifying age for Pension Credit from 12 months to three months with a corresponding reduction in the period for which claims to HB/CTB for customers of working age may be backdated from 52 weeks to three months.
6 Draft regulations to implement the package of changes were considered by the Social Security Advisory Committee (SSAC) which, after carrying out a public consultation on these proposals, recently reported its findings to Government.
7 The Government is currently considering SSAC's report. Subject to this consideration, it remains the intention to implement the regulations as presented to the Committee, including the changes to the backdating rules, so that the new rules would come into force from October this year.
8 However, it is not possible to confirm if, or to what extent, these measures will come into force until the Government has fully considered the SSAC report and has reached a final decision on implementing the changes. It is expected that the Government will make a formal response to the SSAC report later this month so that regulations can be laid before Parliament in September in order to bring any changes into force from October (subject to the usual parliamentary processes).
9 As for Pension Credit applications, it is important that you explain these changes to people claiming HB/CTB so that they are aware of the need to make their claims promptly. An operational circular explaining the details of changes to the backdating rules will be issued as soon as the final arrangements are known."

Interestingly, whilst it starts off by saying that the "whole package" is still being thought about, para 9 seems to separate off the Pension Credit change and portrays it as a done deal. One could also point out that just getting pensioners to "claim promptly" doesn't really mitigate the fact that they stand to lose up to 9 months of entitlement whenever they claim.

It has also been pointed out that 6 Oct looks impossible as that is roughly when Parliament comes back after the recess. Even if the changes only need a "nod", I believe that Parliament still needs to be in session and new regs "laid" before it. (Leaving aside that I reckon that backbenchers may make a fight out of this one).

  

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shawn
                              

editorial director, rightsnet
Member since
28th Jul 2005

RE: proposed reduction of period of backdating to 3 months - consultation
Tue 09-Sep-08 11:07 AM

in advance of it being available from the dwp website ... if someone wants to email a copy of G17 to us, we'd be happy to publish it here

cheers .... rightsnet@lasa.org.uk

  

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shawn
                              

editorial director, rightsnet
Member since
28th Jul 2005

RE: proposed reduction of period of backdating to 3 months - consultation
Tue 09-Sep-08 02:14 PM

thanks to andy, patricia and steven .... here's G17 ...

http://www.rightsnet.org.uk/pdfs/HB_CTB_G17_2008.doc

  

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