Hi all

Claimant living in a hostel had an existing HB claim, which was suspended in February after DWP discovered additional income & bank accounts. Clarification of income & statements requested by LA, but these were not provided within deadline, so HB cancelled back to January. Soon after deadline a new HB claim was put in, followed by income details & bank statements. Backdate request has been turned down due to lack of good cause, leaving HB gap from January to April.

Would Reg 76 of the 2006 HB Regs allow the claim to be backdated to January despite the fact the claimant did not respond within time limits? i.e. is there a need for good cause to backdate HB in hostel accommodation if requested info not provided?

Thanks

Unless I have misunderstood the Local Authority should simply revise their decision and re-instate the benefit from January as your client has now provided the information.

Otherwise if there is some reason why they cannot revise then they still have to allow underlying entitlement (reg 104) for the period of what I assume is an overpayment using the information now provided by your client.

Many thanks for the response. I think you are right. Will have to see what they say....

Check the suspension notice to see if it complies with the requirements of Regulation 13 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations

Regulation 13(3) provides that:
(3) The relevant authority shall notify any person to whom paragraph (2) refers of the requirements of this regulation

The requirements are in Regulation 13(4)

(4) A person to whom paragraph (2) refers must –
(a) furnish the information or evidence needed within a period of –
(i) one month beginning with the date on which the notification under paragraph (3) was sent to him; or
(ii) such longer period as the relevant authority considers necessary in order to enable him to comply with the requirement; or
(b) satisfy the relevant authority within the period provided for in paragraph (4)(a) that –
(i) the information or evidence so required does not exist; or
(ii) it is not possible for him to obtain the information or evidence so required

If the suspension notice did not inform the claimant of all the requirements of Regulation 13(4), then the LA will most likely have no legal power under Regulation 14 to terminate the award, and so it must be reinstated if there were other no grounds to terminate (ie by revision or supersession in the usual way)