I have a woman aged over 60 not in receipt of PC. She has come here from Lithuania, is living in rented accommodation and doing some work to provide a small income.

She claimed HB but was unable to provide a valuation of a property she has in Lithuania so her HB claim has been cancelled.

If I ever manage to obtain a valuation (does anyone know any Lithuanian estate agents?) and reclaim HB can her claim be backdated for up to 52 weeks as per Reg 72BA of the HB Regs?

Apologies for dumb question - post maternity leave brain not yet engaged with understanding HB regs (or anything else for that matter!)

As you can guess there have been many benefit changes since you went off on maternity leave. Welcome back.
Good news. Housing benfit cannot "cancell" claims now. Since Septmemer 2004 - a year ago now. Crumbs time flies. Housing benefit must make a "decision". It came from a case that went to the commissioners. Its not correct now to lapse (cancell) a claim as it denies the person the right to appeal. Housing benefit have been told about this in housing benefit circulars.
So I would remind them of this and ask them to make a decision and then appeal if she she is refused. This would mean you would not have to ask for backdating as she would have not made a "new claim". They would have to say what they think the value of the house is.
I don't want to add an extra problem. But lithuania is part of the EU enlargement. Benefits depend on how long has she lived here. Since May 2004 people from these countries need to satisfy extra rules about self sufficiency, habitual residence, right to reside rules
So my reply means she is over one hurdle but may need to climb another one. Sorry.

Penny Newell

Thanks Penny.

Now I have seen the claimant again I now know that she has had a decision that she is not entitled becuase she hasn't provided proof of the value of the property.

Ignoring Habitual residence tests etc for now, if I can establish a valuation within a month of the date of the decision letter is there any automatic backdate of the award due to Reg 72BA?

(Thank goodness I have some HB refresher training next week)

Yes reg 72 date of claim regulation will be relevent in housing benefit deciding when to start paying the claim. Sorry I'm not being being techy but I tend to avoid using the phrase "backdating" in these cases. They are making a decision in the same way as they do any other new claim. Just taking a bit of time to do it!

Valuation of the property - how are you goint to do this? Are Elmbridge paying for your ticket and expenses to go to Lithuania now on a fact finding mission?

I have had my refresher training (excellent course by John Zebedee) so I'm much clearer about things now, including not using the term backdating (although an HB member of staff told a colleague that this is what the claimant would have to do after making a new claim)

I have suggested a quick day trip to Lithuania (I'm sure easyjet fly there) but unfortunately it has not been approved.

Why do these awkward cases always end up on my desk?

Thanks for your help Penny