Hi, Can anyone help me with a case I am currently dealing with. Any advice would be welcome.

Lone parent with 3 children. Was completing a degree at Uni but dropped out for personal reasons in December 2008. Claimed IS as a lone parent and as far as she was concerned she would receive full HB/CTB as she had done previously as a lone parent.
Started to receive bills for council tax in May/June 2009 but ignored them as she thought there was some mistake as her rent was being met in full through HB so thought HB/CTB were just not talking to each other. Returned to Uni in September and will apply for student discount etc but due to summons got in touch with money advice and was referred to me for benefit advice. I established that HB awarded and CTB was going to be awarded but in March 09 on checking by supervisor it was stopped as client had exemption as a student until December 08 so there was no current claim for CTB whereas HB had been actioned as a change in circs. Client was sent a letter in April 09 (she states she did not receive this) inviting her to make a claim. Client did receive bill, reminder and summons in April/May and June respectively but ignored them believing they had made a mistake as she was receiving IS. Client has made a statement claiming CTB now but this has been refused as she requested backdating more than 6 months (Dec 08 - October 09) and she has not shown good cause as correspondance was issued to her showing outstanding amounts of Council tax and she had been sent a letter in April 09 inviting her to make a claim.

I will of course appeal this decision but would like any tips or advice on how to go with this.

Thanks

Hmmm. Based on the info stated, if I was the decision maker, I would also have refused backdating. The 6 month time limit is absolute (no discretion) and, ignoring correspondence/bills is normally not a good thing - especially without making enquiries.

On the face of it, the LA is correct that HB/CTB are not "linked" and ongoing entitlement to one benefit does not engage the other benefit automatically. In other words, where a person is not entitled to one benefit, a new claim must be made for that benefit to restart.

BUT...., there is potentially more than one way to skin a cat. Was the clmt on CTB immediately before becoming a student? If so, did the LA end CTB entitlement in accordance with benefits legislation? If not, it may well be possible to argue that the legal status of CTB is such it is still in existence (irrespective of physical adjuctments to accounts). If THAT was to be correct, it could be argued the LA can treat the "student period" as a change of circs that can be dealt with as a "closed period supersession"; in other words, a retrospective period of nil entitlement doesn't end a claim if there is current entitlement and it is ongoing.

Just to be clear, I am personally less than convinced that closed period supersessions are lawful for HB/CTB, but there are many (the majority) who suggest otherwise.

In order to establish whether the LA ended an earlier CTB award correctly, my advice is to use the backdating appeal as a vehicle on which to get the info relating to the earlier process.

I agree with Kevin about the backdating, but also have an alternative method of skinning the cat!

When your client claimed HB/CTB after leaving uni, it is very likely that she never received a decision in writing specifically about the council tax benefit. Therefore, and because in most cases claims for HB and CTB are taken on a single form, you could argue that there is an undecided claim for council tax benefit that can now be decided and all the arrears should be paid to the CT account.

I've used this approach successfully after seeing it suggested either on Rightsnet or HBinfo.

If it turns out that she did receive decision specifically about CTB then your client can consider a late appeal. This will almost certain result in a revision of the decision and awarding of the benefit.

I would ask the client whether they have ticked the box that they are claiming for both HB and CTB?

regards,
antonina