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Forum Home  →  Discussion  →  Housing costs  →  Thread

Backdating HB claim

sylvias
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Welfare rights Officer, Lancashire County Council, Preston

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Joined: 17 June 2010

Just come across a couple in their 80’s living in rented HA flat getting full CTB but no HB. LA saying they not had a claim for HB even though both benefits are claimed on the same council form. Couple were also not getting PC(GC) so I asked the Pension Service to visit to complete PC1 & HB form which they did and couple got PC backdated 3 mths & HB backdated to date PC award started. LA have up to now refused to backdate HB any further even though CTB been in payment since 1999 for the same address. They say that they no longer have a copy of the original claim form from 1999 so have no proof that couple filled in the part relating to rent.
Unfortunately the couple are both in poor health with short-term memory problems & have no idea what forms they filled in so long ago. They did not know that they should have been getting HB all that time & have always paid their rent in full.  Any ideas on getting the claim backdated any further?

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Surely the CTB claim must have been reviewed at some point (probably more than once) between 1999-date? Even if the 1999 claim form is defunct I would have expected there to be a few review forms on file (which may well help). I think I’d ask the LA to provide copies of all HB/CTB records under DPA and see what transpires.

sylvias
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Welfare rights Officer, Lancashire County Council, Preston

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Thanks for this, will try it. (Sorry for delay in replying, just back from leave).

sylvias
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Welfare rights Officer, Lancashire County Council, Preston

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I took your advice & requested sight of all HB/CTB documents the LA held under the FIA. It has taken 6 mths but LA have now fully backdated and paid customer £19.5k arrears, just before Xmas too. Many thanks Sylvia.

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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So glad it worked out. I bet your clients are delighted!

Nicky
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Supervisor Welfare Benefits, Barrow-in-Furness, Citizens Advice Bureau

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Brilliant result! :)

BenMcFarland
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Community4 Floating Support, Wiltshire

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That’s a great result!  Can’t understand why you had to do all of that, and it taking so long though-they should really have taken one look at that and realised something had gone wrong somewhere.

J Hogg
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Welfare Benefits Advisory Officer, Elmbridge Housing Trust, Surrey

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Love this kind of result. Beats my recent 10K for incorrect non dep deductions over a 7 year period. Brilliant!