Hi guys,

We have a case where the claimant was not getting full HB/CTB as getting ICB. Dependant son came to live with him in 2006. Son on DLA HRC HRM for many years recent reduced award LRC LRM under appeal. No disability premium on housing benefit award as client did not tell council about son's DLA.

Question is there any way we can backdate HB/CTB claim to include disability premium? and if so how long for?

phil

What disability premium? Father would get DP through IB award anyway. Dependant son would be on CTC, including disability and severe disability elements, presumably. Are you talking about disabled chld premium? Carer premium might also be missing, perhaps.

Richard Atkinson

Hi sory my other question is looking at cpag book page 1115 it says if you or your family are awarded a qualifying benefit or increase in its rate, and arrears are payable, your award can be increased on revision or supersession and paid for the same lenght of time.

quoteing CIS/1178/2001

Reg 4(7B) and (7C), 7(2)(i)

do you think there is any chance of arguing this and does anyone have a copy or link to that decision.

Thanks Phil

Its EDP and DCP were looking at

Thanks phil

It's possible CIS/1178/2000 (& CIS/1987/2000) may have no application for HB/CTB.

In the IS cases, it was relevant that IS itself was a "relevant benefit". I stand to be corrected, but I'm pretty sure neither HB or CTB is a "relevant benefit".

So, by all means argue it, but it *may* take an Upper Tribunal to sort this out definitively - one way or the other.