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Forum Home  →  Discussion  →  Housing costs  →  Thread

HB backdating after ETD issued

gw
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Glasgow West Housing Association

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ETD issued by DWP 17/11/2017
HB application submitted and backdate requested for good cause as misled by DWP who advised he had already claimed HB.

is there any new HB caselaw for working aged claims and onus on HB to write to tenant as they have received notification of JSA award?

Previous claim ended October 17 so should rapid reclaim not also apply

[ Edited: 14 Mar 2018 at 10:03 am by gw ]
Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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Why did previous claim end?

It seems to me that he may well have already claimed HB via the DWP when he claimed JSA ( if he claimed online he wont be able to get past the questions about rent and that may constitute a claim)

Alternatively, the “new” HB claim can be treated as an application for a revision of the ( superseding) decision to end the previous award ( see for example CIS/701/1993, R(SB)9/84, R(I)11/62)

gw
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Glasgow West Housing Association

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he was working for a couple of weeks and advised he couldn’t claim UC as he was owed wages so completed claim via telephone call and was advised HB was applied for, I have print out from DWP proving ETD was issued .

chacha
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Benefits dept - Hertsmere Borough Council

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Steph F - 14 March 2018 02:09 PM

he was working for a couple of weeks and advised he couldn’t claim UC as he was owed wages so completed claim via telephone call and was advised HB was applied for, I have print out from DWP proving ETD was issued .

Then it’s not even a backdating issue, just a new claim, HB is payable from the claim date on the ETD or Monday following the JSA entitlement date, if income based and is an earlier date.

See HB regs,

4AA) If the Secretary of State agrees, where— SI 2008/2299
  (a) a person makes a claim for a benefit referred to in paragraph (4)(a); and  
  (b) the Secretary of State has made provision in the Social Security (Claims and Payments) Regulations 1987(c) for that benefit to be claimed by telephone, that person may claim housing benefit by telephone to the telephone number specified by the Secretary of State.

 

gw
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Glasgow West Housing Association

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that’s what I have been trying to tell HB but they insist due to change of regs in April 2016 that it will only be backdated for 1 month, hopefully their appeals team will see the error of their ways..

gw
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Glasgow West Housing Association

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just had an interesting debate with HB who are adamant that they cant backdate claim to date of ESA award on ETD and are only awarding 1 months backdate from date of receipt of HB application

Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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They don’t understand what backdating really is and its probably a waste of your time debating with them.

I would just go straight to appeal on the lines of Chacha’s post