I want my claim backdated

If you have claimed Housing and/or Council Tax Benefit, but would have claimed sooner if you could have, you can ask us to backdate your claim for Benefit. This means that we could treat your claim as if we received your claim form on an earlier date.

As from 6th October, 2008 the regulations for backdating a claim have changed.

How far can my claim be backdated?

The time limit is three months for us to consider backdating if:
• People over 60 years old who do not do paid work and
• Men over 60 years old who do paid work and also claim Pension Credit, and whose partner does not receive Income Support or income-based Job Seekers Allowance.

The time limit is six months for:
• People under 60 years old, and
• Men over 60 years old who do paid work who do not claim Pension Credits, and they or their partner do not receive Income Support or income-based Job Seekers Allowance.

What are good reasons for you to backdate my claim?

Telling us that you did not know that you were entitled to benefit will not usually be a good enough reason for backdating to be granted.

Reasons that might be accepted include hospitalisation, severe and ongoing health problems, or the death of a person close to you. You will, however, have to provide evidence of your reasons including, for example, medical certificates or hospital attendance records.

How do I ask for my claim to be backdated?

To ask for backdating, you can complete the “Backdating” section in the Housing Benefit and Council Tax Benefit claim form. You can also make a request in writing stating your reasons for failing to claim Benefit sooner. You must provide:

• proof of continuous good cause/reason(s) for failing to make your claim for Housing and/or Council Tax Benefit earlier and,
• proof that the continuous good cause/reason(s) lasted throughout the period for which you are requesting backdating.

What happens when a backdated claim is made?

Your claim will be considered by a Benefits Officer. The more information and evidence you give in support of your claim the quicker a decision can be made.

Sometimes it may be necessary to write to you for more information or to ask you to come in for an informal interview.

If we have decided that you have not shown "good cause" and that we cannot backdate your claim, the reasons for this will be explained in our letter.
You will then have the right of appeal against our decision not to backdate your claim.

You can download your benefit claim form here

This document was last updated on 2008-10-02 18:07:04 published by the Revenues and Benefits team. Document Reference:LBE_130577