housing benefit backdating regulations
LAs must be able to demonstrate continuous good cause whenever backdated benefit is paid and must retain supporting evidence for audit purposes. You can change your cookie settings at any time. 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 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). 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. call at any Housing Executive office to pick up a form . You're a mixed age couple if one of you is pension age and the other is working age. by email or online if your council allows it. 332. 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. Pensioners can have their Housing Benefit claim treated as made up to 3 months earlier, without the need to request backdating. 2015/1754) 2. Backdated benefit (excluding overpayments) must also be separately identified in cells 038, 078 (English/Welsh authorities only), and 131. The maximum time a claim can be backdated is one month. Late-assessments of claims or late-payments in themselves do not constitute backdated awards. The council must look at your individual situation and decide if your delay was reasonable. We’d like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. Find out more, View our coronavirus (COVID-19) housing advice. 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. We also use cookies set by other sites to help us deliver content from their services. 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. Mixed age couples. 303. However, if you can show that there was a good reason for not making an application earlier we will consider backdating your benefit payments. phone Housing Benefit on 03448 920 902 | NGT (Next Generation Text): 18001 03448 920 902 and a form will be posted to you. 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. If you think that you are eligible for Housing Benefit you should make a claim. This notification was sent after the claimant’s last day of entitlement to housing benefit (see page 63). Backdating Sometimes you can get housing benefit for a period before you put in your claim. By continuing to browse, you are agreeing to our use of cookies. Universal Credit or Housing Benefit can be backdated for a maximum of one month. Housing Benefit. The council must backdate it if you had a good reason for claiming late. by phone if your council has a special phone number for benefits claims. 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. SHA goal is to offer a range of options that can … There will be occasions when Housing Benefit & Council Tax Benefit … Reasons for backdating a claim. 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. Charity number: 263710 (England and Wales), SC002327 (Scotland). The rules about backdating of Housing Benefit are strict and depend on your circumstances: Working age claimants. 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. More about the qualifying age for State Pension Credit . We use some essential cookies to make this website work. Housing benefit is a national scheme to assist those on low incomes to meet their rent payments. From 15 May 2019, you both need to have reached pension age to make a new claim for housing benefit. These changes come into effect on 5th September 2016.This significant new piece of legislation will add further amendments to the To help us improve GOV.UK, we’d like to know more about your visit today. 331. 302. Family Premium and limiting backdating) (Amendment) Regulations 2015 (S.I. 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. Backdating Housing Benefit. when you reached pension age. 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. 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. Housing Benefit claims can now only be backdated for a maximum of one month (period was previously six months). This publication is available at https://www.gov.uk/government/publications/housing-benefit-subsidy-guidance-manual-2018-to-2019/section-3-backdating. Council Tax Reduction can be backdated for a maximum of three months, and you don't need to show good reason. Backdated housing and/or council tax reduction and how to apply for it. 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. We'll consider other things which may have affected your ability to claim such as your age, health and other circumstances. Existing claimants will also be affected if their circumstances change, such as if they move or if a child reaches the age of 18. You may need to provide supporting evidence. Queries. 300. This form only relates to backdates where a claim has already been made for the current period. 309. 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]. Since the introduction of Universal Credit not everyone can get Housing Benefit. 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. Each backdating claim is considered on individual circumstances. SI 2015/1857 reduces the backdating period for working age claimants and abolishes the family premium for all new Housing Benefit (HB) entitlements after 30 April 2016 and for those who cease to have responsibility … If neither of you gets Income Support, income-related ESA or income-based JSA, your claim can be backdated for up to 3 months. You won’t need to pay this back. 340. Backdating your Universal Credit You can apply to get a Universal Credit payment to cover up to 1 month before you started your claim - this is called 'backdating'. We cannot usually start your claim before the date that we received it. You must tell us why you didn’t claim sooner. 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. Since 1 April 2016 backdating is limited to a maximum of one month. want . Backdating - Housing Benefit - Pension Age claimants - no change . 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. You can ask for a review if you think the housing benefit decision is wrong. Backdating is sometimes possible for Housing Benefit but only in limited circumstances and only for a maximum of one month. Read the instructions the rules on backdating benefit below. 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. 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 rules for backdating CTR are the same as those for housing benefit. 88 Old Street, London, EC1V 9HU 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 … 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). The backdating rules for the period ending on 31 March 2016 are unchanged. For example, this could be because: 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. It is always best to make your claim as soon as possible. The normal rules on the 3 month time limit for claiming pension age Housing Benefit will apply. 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. 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. Whether a person is treated as not being present in Great Britain or, for HB purposes, is a person from abroad is governed by Regulation 9 of the Universal Credit Regulations 2013 and Regulation 10 of the Housing Benefit Regulations 2006 (as amended). 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 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. the date you had to start paying rent. 2015/1857) and the Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. New limits to backdating Housing Benefit claims for working age claimants were introduced in April 2016. © 2021 Shelter, the National Campaign for Homeless People Limited For Council Tax Support backdating is not allowed under any circumstances for someone of working age. 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. You're a mixed age couple if one of you is pension age and the other is working age. Backdating Housing Benefit . Backdated benefit should be treated in the same way as non-backdated expenditure, that is: 321. The WAC codifies the regulations and arranges them by subject or agency. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. 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. 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 Like legislation and the Constitution, regulations are a source of primary law in Washington State. It is down to the individual authority’s discretion to establish whether ‘continuous good cause’ has been proven. Authorised and regulated by the Financial Conduct Authority. Your housing benefit is backdated to whichever is the most recent date: 3 months before you applied. 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. You can send a letter to explain your circumstances. 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. Housing benefit backdated claim. 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. Family Premium and limiting backdating) (Amendment) Regulations 2015 (S.I. Housing Benefit and Council Tax Benefit (Amendment)(No2) Regulations 2008 . A good reason must be shown for the whole backdate. 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. Subject to any particular conditions which might apply, for example thresholds and caps, the rate of subsidy for correctly paid backdated benefit is 100%. 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". This happens automatically when you apply for housing benefit. 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. 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 … 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. 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. Some benefits stop if you go back to work, work more hours or earn more money. If you made your request before 1 April 2016 your Housing Benefit could be backdated for up to six months. The form should have a section about backdating - it’s sometimes called a ‘late claim’. 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). 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. 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. Universal Credit has replaced Housing Benefit for most people. You can claim: in writing - using a Housing Benefit claim form. Most working age people can't make a new housing benefit claim and must claim universal credit instead. This is called backdating. Benefit can only be backdated for up to 1 month for Housing Benefit, and up to 6 months for Council Tax Reduction . Cookies
Shelter’s site uses cookies. Housing benefit. LAs should refer to the advice in Circular A16/2008. The council writes to you once they've made a decision on your housing benefit 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). If you . If one of you is working age, you'll usually have to claim universal credit instead. Backdating Housing Benefit and/or Council Tax Reduction. We cannot backdate payments because you did not know or did not think you were entitled to benefit. 307. 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. reg 7(11) Housing Benefit Regulations 2006 SI 2006/213. We’ll send you a link to a feedback form. Sch.4 Housing Benefit Regulations 2006 SI 2006/213 as amended from 23 June 2017 by Employment and Support Allowance (Miscellaneous Amendments and Transitional and Savings Provision) Regulations 2017 (SI 2017/581); Sch.4 Housing Benefit (Persons who have attained the qualifying age for pension credit) Regulations 2006 SI 2006/214. 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. 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 … Use our template letter to ask the council to backdate your housing benefit. If you are under State Pension Credit age Housing Benefit can be backdated if a good reason is shown for the delay in claiming. This time is from the date that the application for backdating is made. This is known as a “backdate”. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. The rules on backdating Housing Benefit and Council Tax Support. 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. Ask for your Housing Benefit to be backdated when you apply. Benefit can only be backdated for up to 1 month. Council Tax Support can be backdated for up to 6 months and the same conditions apply. If these criteria have not been met, backdated benefit should not be paid. 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. These Regulations consolidate existing provisions relating to housing benefit for claimants who have attained the qualifying age for state pension credit. 2015/1857) and the Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 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. 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. 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. 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. 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. 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. 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. 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. However, the benefit paid should be treated as normal HB and not backdated expenditure. Housing Benefit is for help with rent payments for those who are not working, on a low income or in receipt of other benefits. Added HB circular A3/2016: The Housing Benefit (Abolition of the Family premium and limiting backdating) (Amendment) Regulations 2015 and … 330. Regulation 83(12) Housing Benefit Regulations 2006: Backdating. I don’t understand my Housing Benefit decision. Before you make a claim, you should check if you can get Housing Benefit. Working age. 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. 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. Subsidy in backdated claims is subject to the external auditor’s certification as per the relevant auditor certification instructions. There is no change to the time limit for persons of Pension Credit age which continues to be three months. 308. 305 Subsidy is calculated on the total benefit backdated in the financial year. Housing benefit and council tax support is normally awarded from the Monday following the date on which we receive your application. 306. A working age claimant must have a good cause (see below) for her/his late claim throughout the period for which backdating is requested. Company number: 1038133 If you can get housing benefit, the letter tells you the first day of your entitlement. 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. Secretary of State for Work and Pensions v … Local Authorities (LAs) should be rigorous in establishing whether the criteria of ‘continuous good cause’ in the backdating rules have been met. 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. You can ask to backdate your claim for up to 1 month when you apply for housing benefit. Determination of Good Cause Claims for Backdated Benefit and or support will only be determined by a Senior Benefit Officer. A claim for housing benefit for a claimant of working age can be backdated for a maximum of one month. Don’t worry we won’t send you spam or share your email address with anyone. 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. 322. By sharing your story, you're helping spread the message of what we do so that we can help even more people. It will take only 2 minutes to fill in. 2015/1754) 2. Regulations of executive branch agencies are issued by authority of statutes. 320. 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. ...other working-age income-related benefits will continue to apply a three month backdating period under the rules specific to those benefits. Your housing benefit is backdated to whichever is the most recent date: This happens automatically when you apply for housing benefit. Backdated amounts are those in respect of a period prior to the effective date of the claim. You’ll need a good reason for not claiming earlier - if you’re in a couple, you’ll both need a good reason. Note that the DWP has said, in the explanatory memorandum to SI 2008 No 2424, that the policy intention […] You can sometimes get the start date of your claim backdated if you were entitled to apply for housing benefit earlier. Changes to the backdating rules for Housing Benefit and Council Tax Benefit claims Guidance Manual. … 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. 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.