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Backdating HB - official error?
Hi,
I’m working through all our shared ownership properties where HB had been wrongly refused or where residents had been dissuaded from claiming HB as the Council had a blanket policy of refusing HB for service charged unless an element of rent is charged. (See my previous thread on this https://www.rightsnet.org.uk/forums/viewthread/14415/)
They are now being consistently awarded, but without any backdating despite the Council’s previous incorrect policy. I’m wondering whether there’s any argument I can make that they should be awarding HB from the starrt of the tenancies. However, looking at the backdating provisions, being told by an official a claim would not succeed would only be relevant good cause for 1 month backdating.
Can anyone think of any other tactics that could be used to help refund these tenants for the lost HB throughout their tenancies when they’ve been actively told not to bother claiming because there’s no point, and have been refused assistance with the claim forms in the contact centre?
Thanks
if there was an earlier claim which was incorrectly refused or determined as nil qulaifying/ineligible, then that needs an any time revision - either due to LA errro ( misunderstanding the=at service charges for shared ownership are covered by Hb) or by absence of a material fact 9that service charges were payable)
if thers never been a claim previously, then backdating is limited to 1 month for working age or 3 months automatic for pensioners - but most areas will be UC for Housing costs now, unless the customer falls into an exempt group
Should be in the remit of a complaint to ask for compensation?
https://www.lgo.org.uk/make-a-complaint/fact-sheets/benefits-and-tax/housing-benefit-claims
Depending on the particular case, it might be arguable that your client has made a claim which still needs to be determined, even if it hasn’t been treated as such.
And if not, as Jon says, it is a basis to complain and request financial redress if you can show that the Council discouraged you from making a claim which would have been successful
Many thanks for the responses. In the case at hand I think we’ll be limited to a complaint - the resident had asked for assistance completing the claim from staff in the Council’s contact centre and they completed a CTS claim but refused to fill in a HB stating there was no point because it wouldn’t be awarded anyway.
I’ve had situations where a CTR claim has later been treated by HB as a claim for both (e.g. on the basis that it should have been for both, but for confusion about UC and temporary accommodation).
I’ve had situations where a CTR claim has later been treated by HB as a claim for both (e.g. on the basis that it should have been for both, but for confusion about UC and temporary accommodation).
Offhand, I do think that if somebody comes along to the council office saying “I would like to claim HB & CTR” and the officer then sits down with them and fills in a claim form but says they are only going to bother with the CTR part of the form because they won’t get HB - this could arguably amount to a claim for HB.
I’ve had situations where a CTR claim has later been treated by HB as a claim for both (e.g. on the basis that it should have been for both, but for confusion about UC and temporary accommodation).
Offhand, I do think that if somebody comes along to the council office saying “I would like to claim HB & CTR” and the officer then sits down with them and fills in a claim form but says they are only going to bother with the CTR part of the form because they won’t get HB - this could arguably amount to a claim for HB.
alternatively, the request at the council office could be seen as notifying an intention to claim, allowing one month or longer if reasonable to return a completed form.