I have a client, 72 and in receipt of pension credit, who failed to reply to a request for further information and whose housing benefit was cancelled in June. He provided the requisite information in September, but was told to re-apply for housing benefit as he had not provided the info within a four week period of cancellation of the claim. He re-applied for housing benefit in October and housing benefit restarted on the 31st October. There is a gap from June 27th to 31st October and he has arrears of over £1500.00.
Can I ask for the new claim to be backdated to the date when the original claim stopped under reg 72BA?

Yes - although it is not "backdating". As the regs currently stand, any break in the circumstances outlined will in fact have no effect on entitlement so long as HB/CTB is subsequently reclaimed. The rule for over 65's is straight forward - the claim SHALL be treated as made up to a max of a year prior to the claim *actually* being made (subject to being entitled etc).

The failure to comply to requests for info on an earlier claim does not in any way affect HBR 72BA.

There is no requirement to show "good cause" for HBR 72BA - it is simply enough to have claimed & provided the relevant evidence etc FOR THAT particular claim. In fact, I can't see how HBR 72(15) can ever apply to such cases.

Hope this helps.

Thanks

Kevin

Should that not be over 60's are allowed 12 munths backdating?

Hi Bill,

Yes - I was just being careful as there is one oddity in the claim rules which I couldn't remember off the top of my head at the time. Hence the caution.

Regards

The Benefits Service has agreed with the interpretation and has accepted that his later claim should have started when his previous claim ceased. Thanks