I have been asked advice on backdating Housing Benefit. The background to the case is that client has just been awarded DLA on appeal which meant that he was awarded a backpayment to October 2007 when he initially applied for DLA. He was awarded Mid-Rate Care DLA and has now become entitled to the Severe Disability Premium. He is on IB so has to apply for IS. He did not apply for IS at time of DLA application so will only get SDP from now on.

He was not getting full HB/CTB before the appeal due to the IB. Is there anyway he could get his HB/CTB reassessed going back to October 07 based on an underlying entitlement at that time as a result of the DLA appeal? My colleague believes that there maybe something in the regs which allows backdating of HB if there is a decision affecting entitlement to benefit which goes in your favour and that you apply for the backdating within 13 months of the decision. If this is the case could someone provide some advice on this?

Where a person is in reciept of HB and DLA is subsequently awarded, HB can be superseded from the date of the award of DLA. There is no time limit, and it is not subject to the one month rule for notifying of a beneficial change of circumstance.

The relevant regulations are HB and CTB (Decisions and Appeals) Regulations 2001 regulation 7(2)(i) and 8(14).

Hope this helps

JK

See the thread below

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=102&topic_id=7740&mesg_id=7740&page=