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Backdating HB/CTB
My client applied for and was disallowed JSA.HB/CTB.
JSA was overturned pre appeal and backdated. LA looking for letter requesting backdate of benefit although I have provided proof of JSA backdate.
Is there any case law etc I can use to get them to award this benefit. Nearly at 1 year without benefit in payment.
A bit more info is needed. Why was HB/CTB declined?
HB/CTB was refused because JSA was refused. I appealed the JSA & HB/CTB decisions.
JSA overturned the decision on review and backdated the benefit. HB/CTB have refused to do so.My nderstanding was that as LA only administer HB on behalf of DWP they should backdate along with JSA.
They are requesting info of how client survived etc, borrowing from friend etc…i
HB/CTB was refused because JSA was refused. I appealed the JSA & HB/CTB decisions.
JSA overturned the decision on review and backdated the benefit. HB/CTB have refused to do so.My nderstanding was that as LA only administer HB on behalf of DWP they should backdate along with JSA.They are requesting info of how client survived etc, borrowing from friend etc…i
I’m confused. If the HB/CTB decision has been appealed, has it been heard? If not, when is it due to be heard? If it HAS been heard, what was the outcome?
For clarification, although HB/CTB are DWP benefits, decisions on HB/CTB are made by the respective local authority - NOT the DWP. In other words, there are two separate decision making bodies that are not interchangeable.
HB/CTB was refused because JSA was refused. I appealed the JSA & HB/CTB decisions.
JSA overturned the decision on review and backdated the benefit. HB/CTB have refused to do so.My nderstanding was that as LA only administer HB on behalf of DWP they should backdate along with JSA.They are requesting info of how client survived etc, borrowing from friend etc…i
Think you may be able to use…
Housing and Council Tax benefit (Decisions and Appeals) Regulations 2001 “Relevant benefit rule”, Regulation 4 (7B).
(7B) Where –
(a) the relevant authority makes an original decision awarding housing benefit or council tax benefit to a claimant; and
(b) entitlement to a relevant benefit within the meaning of section 8(3) of the 1998 Act or to an increase in the rate of that relevant benefit is awarded to the claimant or a member of his family for a period which includes the date on which the original decision took effect,
the relevant authority may revise or further revise that original decision at any time.
A refusal to award a passporting benefit should not automatically lead to HB/CTB refusal. Surely they can claim based upon low or zero income?
The benefit section are refusing to budge,
I am appealing the decision hoping the appeal team send it back to the DM
The benefit section are refusing to budge,
Mind boggling, I would put in a complaint as well.
The benefit section are refusing to budge,
I am appealing the decision hoping the appeal team send it back to the DMAsk HB to do an anytime supersession and allow the HB claim from the date the JSA appeal was allowed.
Yes,
Thats what i meant above, i think i have used the correct Regs? They have to do an anytime review based on the JSA decision!!
I think it might be useful to set out what should have happened in the HB/CTB world.
Your customer applies for HB/CTB and asks for claim to be backdated. Two possible decisions here:
1. claim paid from application date based on current income.
2. claim paid from backdated date on past income (if there was no income then that would be used in the assessment)
If the JSA claim for backdating is successful then a decision under 2. above must be revised because of the relevant benefit reg. If the HB/CTB decision was 1. above then the fact JSA is backdated has no bearing on the Hb decision under either relevant befit regs or anytime provisions.
There is a further possibility if the LA are asking for income details during the past period. That suggests to me that they have accepted the Good Cause grounds for backdating but are struggling to make a decision without income details to support the period (This ought not to happen but it sounds like it may have done). If that is the case then you now know what the income details are (JSA) and there should be no need for anything else.
If this is simply an issue of “good cause” in that the LA don’t believe there is any then their reusal to revise their decision on appeal MUST proceed to a tribunal. I don’t understand the won’t budge bit.
claim now with appeals team. I am waiting for a reply from them.
claim finally backdated pre appeal… monies paid into account last week…
didn’t take long that did it…