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Forum Home  →  Discussion  →  Housing costs  →  Thread

HB backdating rules from April 2016

Ali P
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Tenancy sustainment - Hillcrest Homes

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Total Posts: 46

Joined: 15 March 2013

Have got myself a bit confused regarding the new rules as of April where HB can only be backdated for one month.
Just to check that it applies to working age claimants only and pensioners can still be considered for 3 months backdating ?

Thanks

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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Yes, just working age claims.  The amending regs are here:

http://www.legislation.gov.uk/uksi/2015/1857/contents/made

Reg 3 amends the working age HB regs by substituting one month for six - it doesn’t touch the SPC-age regs

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Taken from https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/475691/housing-benefit-abolishing-family-premium-regulations.pdf

...other working-age income-related benefits will continue to apply a three month backdating period under the rules specific to those benefits. The effect of this is that the Housing Benefit entitlement will be linked to that backdating period provided that the Housing Benefit claim is made within one month of the claim for the other income-related benefit. This effectively allows the Housing Benefit claim date to follow the backdating in the other benefit.

So it seems that you could still backdate for 3 months in some circumstances, such as when making a backdated ESA claim. Is this correct?

Also, if you have just reached PC age and then make a backdated claim it will be limited for one month of the period when you were still working age plus the period you are able to backdate under PC. Does this mean one month plus 3 months or one month plus 2?

Ali P
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Tenancy sustainment - Hillcrest Homes

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Total Posts: 46

Joined: 15 March 2013

Thanks for that.

Yes looks like it can be 3 months when receiving a passported benefit which is good news.
For the pensioner, I would say 3 months max back to the day they reached PC age.
Poor pensioners loose out just now and cant be backdated 6 months.