When 3 months backdating is not, well, 3 months backdating!

Hi All,

I have a CTS claim for a pensioner claimant where the claim was submitted on 07/11/22 and with the permitted 3 month backdate it should, to my mind, commence from 07/08/22. However, the LA have decided to commence it from 08/08/22 instead. The 08/08/22 just happened to be a Monday so my client then missed out on one week’s worth of benefit, as payments of CTS could only start from 15/08/22. When I queried why 08/08/22 was chosen I received the following explanation:

“The simple answer is because that is 3 months. If we did not go to the next day we would be backdating 3 months and 1 day.

1 January 2023 to 31 March 2023 is 3 months.

If application came in on 31 March 2023, we would not start claim from 31 December 2022 as that would be more than 3 months.”

A photo example was then also provided from para 16.32 of the 2019-2020 Lister & Ward, Guide to UC & CTR , that indeed works in this way. However, para 16.34 of the 2022-23 Lister & Ward, Guide to HB, provides an example to support my contention that the date is simply three months prior to the date the claim was actually submitted. Both HB and CTS have an identical provision to backdate for three months in respect of pensioner claims so presumably both reference books cannot be correct?

(was going to upload the pics but there are too many pixels apparently)

Reg 111 of the Default Scheme Regs says:

the time for the making of an application under this scheme by a pensioner is as regards any day on which, apart from satisfying the condition of making an application, the applicant is entitled to such a reduction, that day and the period of three months immediately following it.

Both you and the council are going about things backwards, insofar as you are looking at how far the claim ought to be backdated, rather than asking whether the client made a timely application in relation to a given date.

If a person asserts that they have an entitlement on, say, 10 January, that means that they can make an application for that entitlement either on the day itself (10 January) or during “the period of three months immediately following it”. It seems to me that the “period of three months immediately following” 10 January is then 11 January through 10 April.

In your case, if the client is asserting an entitlement on 7 August, then they might claim that entitlement on 7 August itself, or during “the period of three months immediately following it”, which would be 8 August to 7 November. As the claim was made on 7 November, it is a timely claim in respect of 7 August.

Thanks Elliot, you are absolutely right on this and whilst its commonly referred to as a ‘backdate’ I can see now that it isn’t in the Regs as such, although the practical effect is the same for the claimant.