My client was claiming income support for many years, and started full time work in the summer. The jobcentre plus lone parrent adviser assurred her that they would sort out the four week run on and arrange for partial housing benefit.

Needless to say this never happened! The L.A have honoured the four week run on but are refusing to back date the housing benefit to the 18/6/2007. They say it isnt official error as they didnt advise her. But the DWP did, is there any caselaw to claim offical error here?

Any advice would be really appreciated

The phrase "official error", in the legal sense, is only relevant to overpayments.

For backdating, the issue is "good cause" (continuous right up to the claim for backdating).

An "error" in the plain English sense could, depending on the circumstances as a whole, give rise to a clmt having good cause for not claiming earlier. But, it would normally be argued along the lines of incorrect advice being given which lead the clmt to act, or not act, in a particular way. It doesn't, as such, matter who gave the advice. But weight will (or at least should) be attached to the source of advice to the extent of the credibility the clmt could give to that advice.

Bear in mind that the test is not whether the actions / inactions of a clmt are "understandable", it is whether they are "reasonable".

Hope this helps.

Good cause has been defined by a tribunal of Social Security Commissioners as

'…some fact which, having regard to all the circumstances (including the claimants state of health and the information which he had received and that which he might have obtained) would probably have caused a reasonable person of his age and experience to act (or fail to act) as the claimant did’.

It's hard to comment on your case without knowing all the facts. If the DWP stated they would sort out her Housing Benefit for her (and she had not claimed based upon earnings before) I think a reasonable person would assume that would happen. However, did the Local Authority send her a claim form to invite her to re-apply and if so, did she ignore this? That might make it harder for her to demonstrate good cause.

I would approach the DWP to see if they are prepared to confirm that they mis-advised your client as this may help with any subsequent appeal.

Thanks for your help guys. I see what you mean about official error in legal terms - no wonder that got me nowhere!!!

I spoke with the client who tells me she didnt recieve any housing benefit forms, infact it was only fortunate that she phoned the council to be sure housing benefit had stopped that she isnt facing an overpayment now.

She is going to look for copies of the agreement with the lone parrent adviser, so hopefully that can clarify good cause for backdating. If its vague i will contact the DWP and see whether they will play ball.

Once again, a huge thank you for the advice given