Mixed age couples. If you have any queries concerning the content of this section, please contact: Don’t include personal or financial information like your National Insurance number or credit card details. From 15 May 2019, you both need to have reached pension age to make a new claim for housing benefit. regulations for two of the Hous ing Benefit measures announced in the Summer Budget time-limiting the backdating of new claims to Housing Benefit to one month, and removing the Family premium for new claims to Housing Benefit made on or after 1 st May 2016. 322. You can send a letter to explain your circumstances. 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. Backdating Housing Benefit. We’ll send you a link to a feedback form. 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. 300. by phone if your council has a special phone number for benefits claims. 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. 2015/1857) and the Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. Housing Benefit claims can now only be backdated for a maximum of one month (period was previously six months). 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. Universal Credit or Housing Benefit can be backdated for a maximum of one month. For Council Tax Support backdating is not allowed under any circumstances for someone of working age. 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. 330. We'll consider other things which may have affected your ability to claim such as your age, health and other circumstances. Backdating Housing Benefit and/or Council Tax Reduction. Note that the DWP has said, in the explanatory memorandum to SI 2008 No 2424, that the policy intention […] 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. It is always best to make your claim as soon as possible. 303. 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 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. 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. … Cookies Shelter’s site uses cookies. If you think that you are eligible for Housing Benefit you should make a claim. ...other working-age income-related benefits will continue to apply a three month backdating period under the rules specific to those benefits. 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. 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. Existing claimants will also be affected if their circumstances change, such as if they move or if a child reaches the age of 18. Backdating Housing Benefit . This publication is available at https://www.gov.uk/government/publications/housing-benefit-subsidy-guidance-manual-2018-to-2019/section-3-backdating. Reasons for backdating a claim. 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). 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. 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. Backdating benefit for working-age customers; Backdating benefit for working-age customers 'Working age' customers are people who are under the qualifying age for State Pension Credit. Use our template letter to ask the council to backdate your housing benefit. Backdating is sometimes possible, but there are only limited circumstances, so it is best to make your claim for housing benefit as soon as possible. Added HB circular A3/2016: The Housing Benefit (Abolition of the Family premium and limiting backdating) (Amendment) Regulations 2015 and … 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. Late-assessments of claims or late-payments in themselves do not constitute backdated awards. SHA goal is to offer a range of options that can … 88 Old Street, London, EC1V 9HU 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. the date you had to start paying rent. If these criteria have not been met, backdated benefit should not be paid. Backdating - Housing Benefit - Pension Age claimants - no change . Ask for your Housing Benefit to be backdated when you apply. 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. I don’t understand my Housing Benefit decision. Some benefits stop if you go back to work, work more hours or earn more money. 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. 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 This notification was sent after the claimant’s last day of entitlement to housing benefit (see page 63). 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) … LAs should refer to the advice in Circular A16/2008. If one of you is working age, you'll usually have to claim universal credit instead. when you reached pension age. 307. 2015/1857) and the Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. The information in this circular does affect the content of the HB/CTB Guidance Manual. Since 1 April 2016 backdating is limited to a maximum of one month. 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. 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 … 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. Housing Benefit cannot be backdated for more than one month if the claimant makes their request on or after 1 April 2016 even if this is a belated request linked to a current claim. In some circumstances, we may be able to pay Housing Benefit for an earlier date than the date of your claim form. The council must look at your individual situation and decide if your delay was reasonable. Benefit can only be backdated for up to 1 month for Housing Benefit, and up to 6 months for Council Tax Reduction . For example, this could be because: Housing Benefit. The council writes to you once they've made a decision on your housing benefit claim. It … 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. Like legislation and the Constitution, regulations are a source of primary law in Washington State. We cannot backdate payments because you did not know or did not think you were entitled to benefit. 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. 305 Subsidy is calculated on the total benefit backdated in the financial year. Family Premium and limiting backdating) (Amendment) Regulations 2015 (S.I. POLICY FOR THE BACKDATING OF HOUSING BENEFIT & COUNCIL TAX BENEFIT Introduction The Council will calculate and determine a persons entitlement to Housing & Council Tax Benefit in accordance with legislation contained in the Housing Benefit (General) Regulations and Council Tax Benefit (General) Regulations 2006. 2015/1754) 2. by email or online if your council allows it. Each backdating claim is considered on individual circumstances. Subject to any particular conditions which might apply, for example thresholds and caps, the rate of subsidy for correctly paid backdated benefit is 100%. Housing benefit and council tax support is normally awarded from the Monday following the date on which we receive your application. A good reason must be shown for the whole backdate. This form only relates to backdates where a claim has already been made for the current period. There is no change to the time limit for persons of Pension Credit age which continues to be three months. The council must backdate it if you had a good reason for claiming late. Housing benefit. 302. 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. 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]. You must tell us why you didn’t claim sooner. 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). 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 … The form should have a section about backdating - it’s sometimes called a ‘late claim’. 305 Subsidy is calculated on the total benefit backdated in the financial year. 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. You’ll need a good reason for not claiming earlier - if you’re in a couple, you’ll both need a good reason. Benefit can only be backdated for up to 1 month. The online version of the WAC is … 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. Before you make a claim, you should check if you can get Housing Benefit. 332. You can claim: in writing - using a Housing Benefit claim form. 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. Determination of Good Cause Claims for Backdated Benefit and or support will only be determined by a Senior Benefit Officer. Local Authorities (LAs) should be rigorous in establishing whether the criteria of ‘continuous good cause’ in the backdating rules have been met. 308. By continuing to browse, you are agreeing to our use of cookies. 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. Working age. Housing benefit backdated claim. 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. 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. From 1 April 2016, subject to ‘continuous good cause’ having been demonstrated, a claim from a person of working age may be backdated for up to one month. There may be other good reasons why you've claimed late. 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. Secretary of State for Work and Pensions v … POLICY FOR THE BACKDATING OF HOUSING BENEFIT & COUNCIL TAX BENEFIT Introduction The Council will calculate and determine a persons entitlement to Housing & Council Tax Benefit in accordance with legislation contained in the Housing Benefit (General) Regulations and Council Tax Benefit (General) Regulations 2006. LAs must be able to demonstrate continuous good cause whenever backdated benefit is paid and must retain supporting evidence for audit purposes. By sharing your story, you're helping spread the message of what we do so that we can help even more people. 331. Changes to the backdating rules for Housing Benefit and Council Tax Benefit claims Guidance Manual. 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. To help us improve GOV.UK, we’d like to know more about your visit today. 340. 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. 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. 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. However, the benefit paid should be treated as normal HB and not backdated expenditure. If you . These changes come into effect on 5th September 2016.This significant new piece of legislation will add further amendments to the We can backdate HB or CTS if you can prove that there is good cause or reason(s) why you were unable to apply for your benefit earlier. Family Premium and limiting backdating) (Amendment) Regulations 2015 (S.I. It is down to the individual authority’s discretion to establish whether ‘continuous good cause’ has been proven. Backdating is sometimes possible for Housing Benefit but only in limited circumstances and only for a maximum of one month. This is known as a “backdate”. Regulation 83(12) Housing Benefit Regulations 2006: Backdating. Backdated amounts are those in respect of a period prior to the effective date of the claim. If you are of working age, your Housing Benefit can be backdated for a maximum of one month. 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. Universal Credit has replaced Housing Benefit for most people. The rules about backdating of Housing Benefit are strict and depend on your circumstances: Working age claimants. The WAC codifies the regulations and arranges them by subject or agency. Backdating Sometimes you can get housing benefit for a period before you put in your claim. 320. This time is from the date that the application for backdating is made. Pensioners can have their Housing Benefit claim treated as made up to 3 months earlier, without the need to request backdating. Backdated housing and/or council tax reduction and how to apply for it. Housing benefit is a national scheme to assist those on low incomes to meet their rent payments. phone Housing Benefit on 03448 920 902 | NGT (Next Generation Text): 18001 03448 920 902 and a form will be posted to you. New limits to backdating Housing Benefit claims for working age claimants were introduced in April 2016. 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.
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