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Pensioner and backdating of HB
I have a block of flats where a power of attorney was dealing with 4 new residents and their HB claims. There was a delay in the POA making the claims for HB of 4 months.
On resident is pensioner who has had his HB backdated 3 months but unfortunately this still leaves rent arrears from tenancy start date.
Ironically the other residents (who are not pensioners) whose claims were late have had their HB claims backdated to the tenancy start date under good cause.
Any suggestions advice welcome please as to help my pensioner.
Who had the POA? The obvious thing would be to approach them with a view to claiming financial compensation.
In terms of HB backdating, I can’t see anything whatsoever can be done. Maximum backdating has been allowed and as there would have been no entitlement for the other month a DHP isn’t appropriate either.
Bit bizarre how two different approaches applied with the pensioner being hard done by especially if everything went it together.
Sounds abit like age discrimination to me.
Considering backdate can be applied for upto 6 months for over 60’s and they have appeared to adopt different approaches to different claimant’s worth sticking in a letter of complaint/a threating LBA.
Did your pensioner claim HB at his/her previous address? If so, it would be a change in circumstances rather than a new claim and you could provide good cause for not reporting at the time.
If not, did the POA request a claim form or stake an intention to claim at any point? If so, you could argue a different claim date should be used which may allow for backdating to the tenancy start date.
He came out of residential care so no previous entitlement to HB.
Hanging onto a feint hope that the POA made an intention to claim but as the other cases were backdated I would hope that the DM would have looked into that for my pensioner.
Bit bizarre how two different approaches applied with the pensioner being hard done by especially if everything went it together.
Sounds abit like age discrimination to me.
Considering backdate can be applied for upto 6 months for over 60’s and they have appeared to adopt different approaches to different claimant’s worth sticking in a letter of complaint/a threating LBA.
But as said above, there’s a hard 3 month limit for backdating PC age claims, don’t see how the LA could get past that.
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Some local authortities might have a flexible approach to lump sum DHPs for rent arrears, even though the rules really shouldn’t allow it in a case like this.
Another long shot: if there was a claim for Pension Credit resulting in an award of GC, it might be possible to squeeze a few more weeks out of that (max one month, but could just be enough). Would need SPC claim to have been made up to one month before the HB claim. Any chance that might be the case?
Craven thanks for spotting my error. That’s what happens when you rush an answer and get the rules the wrong way around and your first thought is litigate.
Will double check PC GC start date - might have only been entitled when coming out of care.
Thanks all for help and info