Shelter Guide to HB mentions this on P.318 - a rule that allows the LA to go back to the date of change of circumstances in the past caused by a change in a social security benefit( eg DLA), where this would increase entitlment to HB, without having to explain a late declaration of the change.
Can anyone tell me where to find the Reg?

Thanks!

Reg 3(7B) Housing Benefit and Council Tax Benefit (Decisons and Appeals) Regs 2001 (SI2001 no 1002 as amended) in the case of a revision

Reg 7(2)(i) in the case of a supersession

In association with DAR 8(14).

NB: There isn't any question that this applies to new awards, or new increases, of a "relevant benefit". HOWEVER, a note of caution....

Where a relevant benefit has been in payment and ongoing for sometime and it just happens to come to light "now", it has been suggested that any change to HB/CTB cannot go back further than the last decision date.... Unfortunatley, I don't have time to analyse it or explore it further at this time, but I mention it on the offchance that the LA you're dealing with makes that argument (I *think* most won't).

The reasoning behind the idea that D&A Reg 8(14) can only apply to the last decision is that Reg 8(14) only applies to supersessions. Any change to an earlier decision will be a revision, but that will be covered by Reg 4(7B) (I missquoted the Regs in my earlier post its Reg 4 not Reg 3)

"(7B)Where–
(a) the relevant authority makes an original decision awarding housing benefit or council tax benefit to a claimant; and
(b) entitlement to a relevant benefit within the meaning of section 8(3) of the 1998 Act or to an increase in the rate of that relevant benefit is awarded to the claimant or a member of his family for a period which includes the date on which the original decision took effect,
the relevant authority may revise or further revise that original decision at any time."

Example - claimant applied for DLA but was refused. Appealed - lost appeal. Appeals to commisioners. Decision set aside. Attends second hearing and wins middle rate care, awarded back to date of application for DLA maybe 30 months ago. Lives alone and so is entitled - retrospectively - to severe disability premium, which gives him more HB as previously he had an occupational pension which made his income too high to get more than a bit of HB.

If he has been getting HB for more than 30 months, the first relevant decision awarding HB (that is the last one to take effect before the date of the award of the relevant benefit) should be superseded wef from the date of the award of that benefit (ie from 30 months ago) -(D&A Regs 7(2)(i) and 8(14).)

Any later decisions (eg the April up-ratings) should be revised under Reg 4(7B)

Just to say thanks for all the replies - has been a great help in understanding this area!

You probably realise this already, but just for clarity the rule applies to the award or increase in a relevant benefit, but not a reduction.

Jeff