If you have submitted a late claim for Housing Benefits or Council Tax Support and you think your claim should be backdated, you will need to complete this form.
Why?
Benefit is normally only awarded from the Monday following the date on which the claim is made. If you have made a late claim and you want your entitlement backdating, the law requires you to prove to the Council that there is 'good cause' for your failure to claim throughout the earlier period (eg because of incapacity). The Council cannot automatically backdate your benefit claim. You should also note that even if you can prove 'good cause', the law provides that no claim can be backdated by more than 1 month before the date on which the claim for backdated benefit was made. As a general rule claimants are expected to realise that they may have rights to benefit and to make enquiries to find out what those rights are and when they should be exercised.
Housing Benefit and Council Tax Support are established under Social Security legislation. It has been held by Department of Social Security Commissioners that the following examples do not show good cause for the backdating of benefits:
- Belief that incapacity would be short.
- Belief that unemployment would be short.
- Belief that no benefit would be payable.
- Ignorance of the right to benefit in itself.
- Negligence, thoughtlessness or lack of interest on the part of the claimant.