If you have asked us to start your claim from a date before we received your application, you are asking for backdated Housing Benefit and/or Council Tax Reduction. A claim made on or after 6 October 2008 can only be backdated for up to six months, rather than the 52 weeks that was possible before that date. Before you make a claim, you should check if you can get Housing Benefit. This publication is available at https://www.gov.uk/government/publications/housing-benefit-subsidy-guidance-manual-2018-to-2019/section-3-backdating. 305 Subsidy is calculated on the total benefit backdated in the financial year. Benefit can only be backdated for up to 1 month. There is no change to the time limit for persons of Pension Credit age which continues to be three months. phone Housing Benefit on 03448 920 902 | NGT (Next Generation Text): 18001 03448 920 902 and a form will be posted to you. These changes come into effect on 5th September 2016.This significant new piece of legislation will add further amendments to the reg 7(4) Housing Benefit Regulations 2006 SI 2006/213; reg 7(4) Housing Benefit (Persons who have attained the qualifying age for pension credit) Regulations 2006 SI 2006/214. The rules for backdating CTR are the same as those for housing benefit. For example, this could be because: If you have reached state pension credit age we may be able to treat your claim as if you had made a claim three months earlier We cannot usually start your claim before the date that we received it. Authorised and regulated by the Financial Conduct Authority. If you think your rent or mortgage payment will be late because you’re waiting for your Universal Credit payment, you should talk to your landlord or mortgage lender. We cannot backdate payments because you did not know or did not think you were entitled to benefit. Mixed age couples. You can claim: in writing - using a Housing Benefit claim form. The legislation states that Housing Benefit must be backdated for up to 1 month if the claimant who is of working age requests this in writing and "had continuous good cause for failing to make a claim earlier". Ask for your Housing Benefit to be backdated when you apply. If LAs are unable to demonstrate continuous good cause, the Department of Work and Pensions (DWP) will deem the associated subsidy to have been overpaid. As we have heard, these regulations do two things: they remove the family premium from claims to housing benefit from April 2016 and the backdating of housing benefit, to which I shall come in a moment. I don’t understand my Housing Benefit decision. To help us improve GOV.UK, we’d like to know more about your visit today. Universal Credit has replaced Housing Benefit for most people. Housing Benefit can only be backdated up to one month from the date of your request (for working age customers), or three months from the date of your request (for pension age customers). 302. The following situations could count as a good reason for a late claim: there was a failure of the postal service, the council, DWP or an advice agency gave you the wrong advice about your benefit entitlement. 340. Added HB circular A3/2016: The Housing Benefit (Abolition of the Family premium and limiting backdating) (Amendment) Regulations 2015 and … If you want to find out more about local housing allowance or payment of benefit, please phone us on 01684 272035 or email our Benefits team on benefits@tewkesbury.gov.uk. call at any Housing Executive office to pick up a form . Council Tax Reduction can be backdated for a maximum of three months, and you don't need to show good reason. Regulation 83(12) Housing Benefit Regulations 2006: Backdating. Please annotate this circular number against Chapter A2 paragraphs P2.493, examples 1 and 2, P2.494, P2.495 and example 3, P2.497 and W2.524. Housing benefit law update POLICY AND LEGISLATION Restrictions on HB backdating The government has consulted on plans to reduce the period of backdating for HB from 12 months to three months, by amendments to Housing Benefit Regulations (HB Regs) 2006 SI No 213 reg 83 and Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (HB(SPC) Regs) … Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. More about the qualifying age for State Pension Credit . Determination of Good Cause Claims for Backdated Benefit and or support will only be determined by a Senior Benefit Officer. The information in this circular does affect the content of the HB/CTB Guidance Manual. 2015/1857) and the Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. SHA goal is to offer a range of options that can … The normal rules on the 3 month time limit for claiming pension age Housing Benefit will apply. If you are under State Pension Credit age Housing Benefit can be backdated if a good reason is shown for the delay in claiming. Local Authorities (LAs) should be rigorous in establishing whether the criteria of ‘continuous good cause’ in the backdating rules have been met. You're a mixed age couple if one of you is pension age and the other is working age. A claim for housing benefit for a claimant of working age can be backdated for a maximum of one month. If you’re already on Housing Benefit when you apply for Universal Credit, you’ll still get Housing Benefit for 2 weeks after you submit your claim. This is called backdating. Note: Claims made online, over the telephone or at our Customer Service Centre may be made without a signature: read details of the regulations [PDF, 39.1 KB]. Subject to any particular conditions which might apply, for example thresholds and caps, the rate of subsidy for correctly paid backdated benefit is 100%. Late-assessments of claims or late-payments in themselves do not constitute backdated awards. 309. Queries. Regulation 83(12) Housing Benefit Regulations 2006: Backdating A claim made on or after 6 October 2008 can only be backdated for up to six months, rather than the 52 weeks that was possible before that date. Backdated benefit (excluding overpayments) must also be separately identified in cells 038, 078 (English/Welsh authorities only), and 131. You must tell us why you didn’t claim sooner. The maximum time the Council can go back from the date your claim for backdating is actually received is : If you are of working age - 1 month for Housing Benefit, or 6 … Family Premium and limiting backdating) (Amendment) Regulations 2015 (S.I. The effect of this is that the Housing Benefit entitlement will be linked to that backdating period provided that the Housing Benefit claim is made within one month of the claim for the other income-related benefit. Entitlement to benefit or a review of benefit should be made on the previous claim first, rather than backdating being considered on the new claim. By sharing your story, you're helping spread the message of what we do so that we can help even more people. Reasons for backdating a claim. The council must look at your individual situation and decide if your delay was reasonable. If you made your request before 1 April 2016 your Housing Benefit could be backdated for up to six months. We’d like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. If you think that you are eligible for Housing Benefit you should make a claim. Backdating Housing Benefit . It will take only 2 minutes to fill in. This is known as a “backdate”. Subsidy in backdated claims is subject to the external auditor’s certification as per the relevant auditor certification instructions. Working age. A working age claimant must have a good cause (see below) for her/his late claim throughout the period for which backdating is requested. You can make a new claim for housing benefit if you're working age and either: you claim other benefits which include a severe disability premium, you're staying in a refuge, hostel or some types of supported or temporary housing. Dear Seattle Housing Authority Employee, As a regularly appointed employee, the Seattle Housing Authority (SHA) offers benefits that help provide for you and your family’s health care, disability and survivor needs. want . A housing benefit claim can sometimes be backdated for up to 3 months if you're pension age and up to 1 month if you're working age. 308. It is payable for the year in which backdated payments are made, even if the period for which benefit is backdated falls wholly or partially in the previous financial year, included in the total expenditure cells of the form, that is cells 011, 055 (English/Welsh authorities only), and 094, included in the relevant cell(s) in each section of the form according to the type of payment made, if subsequently found to be overpaid, the overpayment must be recorded in the appropriate overpayment cell(s). 306. Other ways to claim Housing Benefit: download the Housing Benefit Claim Form ( PDF 611 kB) and return it to your nearest Housing Executive office or Housing Benefit unit. It … To help, we're working flat out to provide useful information on the welfare benefit related measures to ensure everyone who needs help from the welfare system receives it. It is always best to make your claim as soon as possible. You're a mixed age couple if one of you is pension age and the other is working age. ...other working-age income-related benefits will continue to apply a three month backdating period under the rules specific to those benefits. All content is available under the Open Government Licence v3.0, except where otherwise stated, Housing Benefit subsidy guidance manual 2018 to 2019, Claims from persons of Pension Credit age, nationalarchives.gov.uk/doc/open-government-licence/version/3, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, Housing Benefit Regulations 2006; regulation 83(12), Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006; regulation 64(1), Housing Benefit (Abolition of the Family Premium and Date of Claim)(Amendment) Regulations 2015 CLAIM FOR BACKDATING OF HOUSING BENEFIT / COUNCIL TAX SUPPORT When you apply for backdating of your claim, the Benefit Regulations insist that you show us good cause as to why you did not make a claim earlier. Housing Benefit and Council Tax Benefit (Amendment)(No2) Regulations 2008 . 330. 88 Old Street, London, EC1V 9HU Housing Benefit (Abolition of the Family Premium and Date of Claim)(Amendment) Regulations 2015 305 Subsidy is calculated on the total benefit backdated in the financial year. If we turn down your claim for backdating, or you disagree with the decision, you can query, review or appeal your benefit decision. The rules about backdating of Housing Benefit are strict and depend on your circumstances: Working age claimants. To amend The Housing Benefit Regulations 2006 (SI 2006/213) (www.dwp.gov.uk/docs/a8-2501.pdf ), to reduce the period for which working age Housing Benefit claims can be backdated. by phone if your council has a special phone number for benefits claims. 332. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. 307. We may be able to pay you benefit for a previous period that you did not claim for at the time because of your circumstances. The Housing Benefit (Abolition of the Family Premium and date of claim) (Amendment) Regulations (NI) 2016 will reduce the backdating period for Housing Benefit claims from six months to one month and will remove the family premium for new claimants. If you have received a Housing Benefit decision and you do not know why, or what the decision is, you should contact us as soon as possible. Working age customers (under the qualifying age for State Pension Credit) can have their Housing Benefit backdated for up to one month before the date of their claim from 1 April 2016 onwards. There will be occasions when Housing Benefit & Council Tax Benefit … If you . New limits to backdating Housing Benefit claims for working age claimants were introduced in April 2016. Regulations of executive branch agencies are issued by authority of statutes. For Council Tax Support backdating is not allowed under any circumstances for someone of working age. If you apply for CTR within one month of the date on which you applied for one of the DWP passporting benefits listed above (or universal credit - UC), your application for CTR is backdated to the first day of your entitlement to that benefit. Coronavirus - Housing Benefit The government are putting into place numerous measures to help sustain work and provide support for those who most need it during the Coronavirus pandemic. A good reason must be shown for the whole backdate. The current Housing Benefit regulations (for working age) state that backdated Housing Benefit can be awarded for a maximum of 6 months from the date the request was received (however, for claims made from 1 April 2016, this period will be reduced to one month as indicated above). If these criteria have not been met, backdated benefit should not be paid. We'll consider other things which may have affected your ability to claim such as your age, health and other circumstances. If you are of working age we may be able to backdate your claim for housing benefit up to six months from the date of receiving your written request. The current Housing Benefit regulations (for working age) state that backdated Housing Benefit can be awarded for a maximum of 6 months from the date the request was received (however, for claims made from 1 April 2016, this period will be reduced to one month as indicated above). Coronavirus - Housing Benefit The government are putting into place numerous measures to help sustain work and provide support for those who most need it during the Coronavirus pandemic. Your housing benefit can only be backdated for a maximum of: If your benefit is backdated, you usually get a lump sum payment to cover the period before you claimed. However, unlike pension age claims, you must show that you had good reason (referred to as “good cause” in the relevant regulations) for not claiming earlier. This happens automatically when you apply for housing benefit. Housing Benefit. You can ask for a review if you think the housing benefit decision is wrong. 2015/1754) 2. Housing benefit law update POLICY AND LEGISLATION Restrictions on HB backdating The government has consulted on plans to reduce the period of backdating for HB from 12 months to three months, by amendments to Housing Benefit Regulations (HB Regs) 2006 SI No 213 reg 83 and Housing Benefit (Persons who have attained the qualifying age Housing Benefit claims can now only be backdated for a maximum of one month (period was previously six months). To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk. This time is from the date that the application for backdating is made. You won’t need to pay this back. Backdating Housing Benefit. Don’t worry we won’t send you spam or share your email address with anyone. 322. Universal Credit or Housing Benefit can be backdated for a maximum of one month. Housing Benefit is for help with rent payments for those who are not working, on a low income or in receipt of other benefits. The maximum time a claim can be backdated is one month. Housing Benefit (Abolition of the Family Premium and Date of Claim) (Amendment) Regulations 2015 305 Subsidy is calculated on the total benefit backdated in the financial year. Read the instructions the rules on backdating benefit below. Working age customers (under the qualifying age for State Pension Credit) can have their Housing Benefit backdated for up to one month before the date of their claim from 1 April 2016 onwards. Secretary of State for Work and Pensions v … The council must backdate it if you had a good reason for claiming late. Backdating Housing Benefit and/or Council Tax Reduction. Cookies Shelter’s site uses cookies. You’ll need a good reason for not claiming earlier - for example if a close relative died or the council gave you the wrong advice about Housing Benefit. Since the introduction of Universal Credit not everyone can get Housing Benefit. You can change your cookie settings at any time. 331. If neither of you gets Income Support, income-related ESA or income-based JSA, your claim can be backdated for up to 3 months. LAs should not consider backdating on a claim for benefit where a previous claim has already been received that still needs to be fully considered. The council writes to you once they've made a decision on your housing benefit claim. when you reached pension age. We use some essential cookies to make this website work. Use our template letter to ask the council to backdate your housing benefit. There may be other good reasons why you've claimed late. Backdating is sometimes possible for Housing Benefit but only in limited circumstances and only for a maximum of one month. Existing claimants will also be affected if their circumstances change, such as if they move or if a child reaches the age of 18. Benefit can only be backdated for up to 1 month for Housing Benefit, and up to 6 months for Council Tax Reduction . You may need to provide supporting evidence. In any backdating case a customer claiming both housing benefit and or council tax support shall be encouraged to consider making a claim for backdating on both benefits, if the same circumstances apply. Each backdating claim is considered on individual circumstances. If one of you is working age, you'll usually have to claim universal credit instead. You can ask to backdate your claim for up to 1 month when you apply for housing benefit. POLICY FOR THE BACKDATING OF HOUSING BENEFIT & COUNCIL TAX SUPPORT Introduction The Council will calculate and determine a person’s entitlement to Housing Benefit and Council Tax Support in accordance with legislation contained in the Housing Benefit Regulations 2006 (HB) and The Council Tax Reduction Schemes (Default Scheme) (England) Regulations 2012 (CTRS )and The Council Tax … Note that the DWP has said, in the explanatory memorandum to SI 2008 No 2424, that the policy intention […] You’ll need a good reason for not claiming earlier - if you’re in a couple, you’ll both need a good reason. We can only award backdated entitlement under certain circumstances; There is a maximum amount of time we can backdate your entitlement; The rules for backdating a claim are different for Housing Benefit and Council Tax Reduction and whether you are of state pension credit age or working age. … However, the benefit paid should be treated as normal HB and not backdated expenditure. These Regulations consolidate existing provisions relating to housing benefit for claimants who have not attained the qualifying age for state pension credit and for those who have attained that age and are receiving, or whose partner is receiving, income support or income-based jobseeker's allowance. Your housing benefit is backdated to whichever is the most recent date: 3 months before you applied. This notification was sent after the claimant’s last day of entitlement to housing benefit (see page 63). Backdated housing and/or council tax reduction and how to apply for it. Backdating - Housing Benefit - Pension Age claimants - no change . I submit, therefore, that regulation 26(3)(aa) is satisfied.” Cases of this nature occur, on an all too regular basis and in most cases, requests for backdating are simply refused by DWP. 2015/1754) 2. This form only relates to backdates where a claim has already been made for the current period. Company number: 1038133 320. The online version of the WAC is … However, if you can show that there was a good reason for not making an application earlier we will consider backdating your benefit payments. If you are of working age, your Housing Benefit can be backdated for a maximum of one month. Charity number: 263710 (England and Wales), SC002327 (Scotland). Like legislation and the Constitution, regulations are a source of primary law in Washington State. Backdating of Housing Benefit; If you have received a decision on either of these and feel the decision is wrong, more relevant information that could help you with your dispute is listed below. If you are of working age we may be able to backdate your claim for housing benefit up to six months from the date of receiving your written request. Family Premium and limiting backdating) (Amendment) Regulations 2015 (S.I. Backdated benefit should be treated in the same way as non-backdated expenditure, that is: 321. Changes to the backdating rules for Housing Benefit and Council Tax Benefit claims Guidance Manual. by email or online if your council allows it. An LA may consider the start date of the claim from a person of Pension Credit age up to three months before the date on which the person actually makes the claim. If you can get housing benefit, the letter tells you the first day of your entitlement. Housing benefit is a national scheme to assist those on low incomes to meet their rent payments. Since 1 April 2016 backdating is limited to a maximum of one month. You can sometimes get the start date of your claim backdated if you were entitled to apply for housing benefit earlier. You have asked for housing benefit to be backdated to when your Personal Independence Payment award has been backdated to.Our regulations state we can only make a housing payment whilst the PIP is currently in payment and we cannot backdate this decision... Just to say i applied for housing benefit a couple off days after i got my award letter so there was noway i could apply any earlier. The WAC codifies the regulations and arranges them by subject or agency. The purpose of these cells is to identify backdated expenditure so that relevant audit trails and assurance can be provided that expenditure has been properly incurred. 2015/1857) and the Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. LAs should refer to the advice in Circular A16/2008. 300. Your housing benefit is backdated to whichever is the most recent date: This happens automatically when you apply for housing benefit. The date you want your Housing Benefit to start; Details of your income, benefits, savings and rent for the period of the backdate – we will need to see original evidence of this, we cannot accept photocopies ; Details of who was in your household during the period of the backdate. Housing benefit backdated claim. Some benefits stop if you go back to work, work more hours or earn more money. The form should have a section about backdating - it’s sometimes called a ‘late claim’. It is down to the individual authority’s discretion to establish whether ‘continuous good cause’ has been proven. 305 Subsidy is calculated on the total benefit backdated in the financial year. In some circumstances, we may be able to pay Housing Benefit for an earlier date than the date of your claim form. You can make a new claim for Housing Benefit if any of the following apply: you and your partner have both reached State Pension age one of you … LAs must be able to demonstrate continuous good cause whenever backdated benefit is paid and must retain supporting evidence for audit purposes. Council Tax Support can be backdated for up to 6 months and the same conditions apply.
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