Any ideas to argue backdate refusal?

Claimant had HB calculated to NIL entitlement February 2015 based on changed income. We think incorrectly.

Claimant had no letters to advise them of this. HB in fact stopped December 2014.

We feel they have incorrectly calculated income as well as childcare at £175 not £300 for two kids. I have bank statements showing roughly the same income from November 2014 to date.

They have put HB in payment going forward only after saying NIL and backtracking on the £275/300 childcare.

Council have said no good cause for backdate from now to December 2014. Onus on claimant to notice and reclaim.

Claimant did not notice NIL HB until more recently when landlord chased for arrears.

Having a brain freeze re. ‘good cause’. I have feeling it would be easier if we had something from the council advising they could not claim and therefore giving good reason for not claiming.

Any and all help appreciated.

It seems like they ended the award without valid notification.  Check the HB regs as there is rules on what information must be sent at various times throughout the claim.

This would stand a better chance of success if presented as an application for revision of the decision to end HB.  The obvious ground for revision here is official error, which is an “any time” ground and does not require the claimant to speak up within a month.

That is in addition to a possible strong argument that there were gaps/flaws in the notification process such that the time limit to apply for revision was not exceeded anyway ... but if there really has been a mistake by the Council on child care it should be revised on the official error ground.

If the Council refuses to accept there was an error and declines to entertain the revision application out of time, an out-of-time appeal to the Tribunal would be the next option, again focusing not on good cause backdating but on the decision to end the original award being incorrect.

That’s really helpful. Thank you both.

We had just emailed the council asking for copies of the NIL award letters (if they exist) sent in or around February so I can check the income used. If we are correct I feel more confident with the revision request as suggested.

Thanks again.

HB Anorak is spot on here.  I would not bother with any attempt to prove “good cause” to backdate .  There are many circumstances where a new claim can and should be treated as an application to revise an earlier decision and in my opinion this is one of them.

HB Anorak is also spot on re the time limit not being exceeded if the notices from the Council are invalid.  What is more, if the Council are still unwilling to budge, remember that the same principles will apply to any appeal, except that it will be for a Tribunal to determine whether it is on time or not, and if it is held to be late , the Tribunal will determine whether it can neverltheless still be admitted.

I would be very confident of winning a case like that at Tribunal