HB backdating in accordance to IS entitlement

HB refuse that backdate HB in accordance to IS because they cant find in DWP system that the client has applied for HB/CT simultaneously. I believe its a matter of ticking one box . Please see the letter that I wrote and if you have any further suggestions I would appreciate your advice/support.

“We have recently applied for HB/CT backdating on the ground that the client’s Income Support was awarded on 11 March 2010 (please see the letter provided by DWP)but was processed by HB/CT on 31/05/2010. The client has been advised that the DWP must normally forward an HB/CTB claim within 2 working days, and that local authorities must normally process such claims within 14 days of receiving them.  It appears that the forwarding of documents has been delayed by the DWP, but that should not detract from the fact that the client made a claim for HB/CT purposes on the same day. I have been advised to draw your attention to the remarks of Mr Commissioner Jacobs as he then was in the housing benefit case CH/4065/2001 because the circumstances are similar to this case.  The Commissioner noted at para 13 (my emphasis) ” 13. I do not doubt that the local authority’s standard procedure is as it describes. I also accept that it may not be aware of any instances of non-compliance.  However, that leaves open the question of the evidence on which non-compliance could be shown to the satisfaction of the local authority. It is not my experience of life that administrative systems work perfectly in every case.”  I suggest that my case is one where administrative systems have worked less than perfectly and that the evidence suggests that my client’s claim was made on time, but that documents have not been passed on within the DWP and on to the Council.  I am therefore entitled to HB/CTB from 15 March till (i.e. from the Monday following the date of the award of IS) 24 May 2010.”

If the IS claim was made over the telephone, the script prompts the DWP official to ask about housing costs, rent and council tax.

The script then prompts further questions about how much the rent is.  If your client can give you details of those questions you can add those details to your evidence.

Otherwise I would say you have gone along the right lines with your challenge to the council’s decision