Have a little problem with backdating of claims by the over 60's.
Have one authority who refuse to consider there is special backdate rules for widows who become entitled upon partner's death. Have one client whose husband died in May and the HA refuse automatic backdating. Have quoted SI 2003/325 at them but they reply that their "advice" is that it does not apply.

Looking closely at 2003/325, there is anaomalous wording in its construction. It can be read that an HB claim will only be backdated either to 6/10/04 or the date of 60th birthday If (and only If)

"......if the local authority is satisfied that, ON THAT DAY (my emphasis), the claimant satisfied the conditions of entitlement to housing benefit"

Their interpretation means that they exclude anyone who first met the conditions of entitlement on any other date after 6/10/04 (or 60th birthday) such as in my client's case, the date of bereavement.

Is this just a sloppyly worded SI or was it intended to be this restrictive?

I've got the HB/CTB: Pension Credit handbook paras 450 and 451 which flatly contradicts the HA interpretation. Can anyone give me more ammunition to use in this appeal?

I've looked at this at some length, and it may be a case of a flawed Regulation (deliberate or otherwise). There was also a lengthy discuission on hbinfo some time ago, which was inconclusive.

The relevant provision in SI 2003/325 is Regulation 29, which says:

"A claim for housing benefit made after (6 October 2003) but before 6 October 2004 by a person who has attained the qualifying age for state pension credit shall be treated as made (a) on 6 October 2003; or (b) on the day that person.....attained the qualifying age for state pension credit, whichever is the later, if the local authority is satisfied that, on that day, the claimant satisfied the conditions of entitlement to housing benefit."

It strikes me that this does 2 things:

1. If someone was 60 before 6 October 2003 but hadn't claimed HB, then, if they claim HB at any time between 6 October 2003 and 6 October 2004, their claim will be backdated to 6 October 2003 (assuming they were otherwise entitled to HB on that date).

2. If someone was 59 on 6 October 2003 and became 60 after that date, then if they subsequently claim HB the claim will be backdated to the day of their 60th birthday (again assuming they were otherwise entitled to HB on that date).

What it doesn't do is allow for someone who becomes entitled to Housing Benefit by virtue of a change of circumstances - other than their 60th birthday - to have their claim backdated.

Therefore, if someone is already 60 and has a change of circumstances which leads to an entitlement to HB - it can't be backdated under Reg. 29(a) to 6 October 2003, as they didn't satisfy the qualifying conditions on that date, and it can't be backdated under Reg. 29(b) to their 60th birthday, as this was before 6 October 2003.

There would therefore appear to be no provision for a new HB claim to be backdated automatically if it is the result of someone qualifying because they are over 60 and have had a change of circumstances.

Reg 29 only allows a claim to be backdated to 6 October 2003 or the date of a claimant's 60th birthday - there is no provision for it to be backdated to any other date.

Regulation 68B of the Housing Benefit (General) Regulations (which was inserted by Reg. 22(3) of the HB & CTB (State Pension Credit) Regulations and related to changes of circumstances where Pension Credit is payable) doesn't seem to help either - as this only relates to existing Pension Credit and Housing Benefit claims.

The Pension Credit Handbook does say:

"There will be special conditions to allow backdating of Pension Credit during the period from Pension Credit A Day until 5 October 2004. There will be a power to backdate awards of Pension Credit made between 6 October 2003 and 5 October 2004 to week commencing 6 October 2003, or if the claimant would not have been entitled from
6 October 2003, to whichever date during that period that entitlement would have begun."

However, this relates to claims for Pension Credit, not Housing Benefit. As far as HB claims go, the Pension Credit Handbook only refers to HB claims made after Pension Credit claims:

"The date of claim for HB/CTB will be dependent on the component of Pension Credit that is awarded -
• where the guarantee credit or the guarantee credit and savings credit is awarded the date of the HB/CTB claim will be the date entitlement to Pension Credit began, providing the HB/CTB claim is made within 4 weeks of the Pension Credit claim on which the award of the guarantee credit or the guarantee credit and savings credit was made
• in savings credit only cases, or where there is no entitlement to Pension Credit, the date of HB/CTB claim will be the date of receipt of the HB/CTB form at the LA or The Pension Service – whichever is the earlier"



Having said that I must admit I was sure that the provision for backdating HB claims for more than 4 weeks in other circumstances did exist - have I missed it?

Thanks Bob.

I'm going to pursue this as far as I can on the basis of what sensible basis reg 29 can be read without it leading to absurd results. The implications of this are making my head spin a bit so it will be interesting to see what a tribunal chair will make of it.