Council Tax Benefit stopped when partner moved in

Council tax benefit eventually awarded after extremely lengthy delays in reviewing an adverse decision.

Whilst review ongoing the claimant began cohabiting (Jan 2011) which was disclosed to LA soon after.

In May 2011 he was notified that benefit awarded up until Jan 2011 (when he started cohabiting).  At the time we assumed they were still looking at entitlement from when she moved in (how wrong we were).  So basically the LA has not even reassessed the claim based on the change of circs.

I asked for full details and reasons for this and they simply say they didn’t award beyond 17.1.11 as they had no new claim form and no details of wife’s income (yet they agree they didn’t request this info).  Client hadn’t thought to provide ‘new’ income details as there weren’t any (partner had no income).

I know we’re out of time but it’s been an exceptionally complicated case with all sorts of issues so I believe the late appeal will be accepted.

I’ve already lodged a very basic late appeal request and said I would expand asap. I’ve also told him to make a new claim and ask for it to be considered as a late claim from Jan 2011.

It seems quite straightforward but the longer I think about it the more I’ve started to doubt myself, thinking I’ve missed something blindingly obvious so I’d be grateful for any guidance please.

Thanks
Sue