council tax backdate

hi

just come of the phone with a local council, who say under no circumstances can benefit be backdated beyond 6 months

my client moved in to her flat in November last year, claimed HB, but she lives on the edge of town and her council tax is collected by the neighbouring council. so HB is in payment but not council tax benefit. client was unaware of the problem and even though she received letters from the council regard council tax arrears she assumed that her claim was lodged and it was a problem with processing. client has health problems and was only referred to us after a court order was issued.

surly there must be a route of appeal!

Sorry - i’m confused, quite easy to do but hey ho :)

I don’t understand how the housing benefit can come from one LA but the CTB from another - can you clarify why this is please?

Did your client have to fill in two claim forms? One for HB from one LA and one for CTB from another LA?  Wouldn’t the LA where the CT falls to be paid deal with the HB too?

Beat me to it! The LA that deals with the HB should also be the same one that she pays Council Tax to.or the other way round.  Most LA’s use the same form for both CTB and HB so if she IS claiming HB from the correct authority there shouldnt be a problem. Mind you, this also begs the questions why the communications regarding Council Tax were apparently not replied to.

A claim has to be with the relevant authority….

69. Time and manner in which claims are to be made
     
(1) Subject to paragraphs (4A) to (4AE), Every claim shall be in writing and made on a properly completed form approved for the purpose by the relevant authority or in such written form as the relevant authority may accept as sufficient in the circumstances of any particular case or class of cases having regard to the sufficiency of the written information and evidence.

If you can’t link the claim to the ‘relevant’ authority in some way (maybe the DWP notified both of the LA’s?) then its a backdated claim and the date of claim is a maximum 6months before the date of actual claim….

(14) Where the claimant makes a claim in respect of a past period (a “claim for backdating”) and, from a day in that period up to the date of the claim for backdating, he had continuous good cause for his failure to make a claim, his claim in respect of that period shall be treated as made on— 
  (a) the first day from which he had continuous good cause; or
  (b) the day 6 months before the date of the claim for backdating, SI 2008/2424
  whichever fell later.

Nicky - 16 June 2010 12:48 PM

Sorry - i’m confused, quite easy to do but hey ho :)

I don’t understand how the housing benefit can come from one LA but the CTB from another - can you clarify why this is please?

Did your client have to fill in two claim forms? One for HB from one LA and one for CTB from another LA?  Wouldn’t the LA where the CT falls to be paid deal with the HB too?

Some LA’s will place people they have an obligation to house in other authority area’s. Manchester did it in Stockport for many years (until the housing stock came under an ALMO.)

For instance a stockport resident in a manchester city council ‘overspill’ property claiming HB from Manchester City Council and CTB from Stockport Council.

[quote author=”**John Birks**” date=“1276689425”

Some LA’s will place people they have an obligation to house in other authority area’s. Manchester did it in Stockport for many years (until the housing stock came under an ALMO.)

For instance a stockport resident in a manchester city council ‘overspill’ property claiming HB from Manchester City Council and CTB from Stockport Council.

Thank you

Based on the info given, the LA appears to be correct.  However, a bit of lateral thinking may be appropriate here….

Under s.134(5) of the Social Security Administration Act 1992, LAs *may*:

(a) agree that one shall discharge functions relating to housing benefit on another’s behalf; or

(b) discharge any such functions jointly or arrange for their discharge by a joint committee.

In short, it is within the powers of the respective LAs to enable the “wrongly” made CTB claim to be dealt with by the “wrong” LA.  But, this is discretionary.

Continuing the thinking in an off the wall stylee (age given away now.)

Adviser 136 (NOV/DEC 2009) has an article on DHPs by Gareth Mitchell, Solicitor Advocate at Pierce Glynn, London.

The article suggested that the DHP regs are more flexible than we (or the LA) typically allow for.

You could even apply to both LA’s…. at a stretch…or not. :-)

thanks for the feed back, client has currently gone off the radar, but i will continue the matter when/if they resurface