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Posted by / 01-Aug-2016 14:45

Backdating a claim

Housing Benefit, including Local Housing Allowance and Council Tax Support is normally paid from the following Monday after we receive your claim.

It is always best to make your claim as soon as possible.

If the claimant is returning to work after leaving benefits and claiming WTC, then it is likely that you will receive automatic backdating.' (3) GOV.

UK How to claim tax credits - last updated 13/03/15 'You have to ask for tax credits to be backdated if you get: Income support, Jobseeker’s Allowance, Employment and Support Allowance, Pension Credit, Working Tax Credit.' There is no automatic backdating. UK Working Tax Credit - last updated 09/02/15 No mention at all of backdating, automatic or requested.

Backdating benefits is sometimes possible depending on the circumstances.

The rules about when we can backdate a benefit are different for different groups of people.

We will decide if your reasons are good enough to backdate your housing benefit. Sometimes we may need to write to you for more information to help us make a decision.

Some examples include: Good cause cannot be established simply because you were unaware of the right to benefit or the time limit for claiming.

(5) Tax Credit claim form notes accompanying claim form - 'You will need to ask for backdating if: You’re only claiming Working Tax Credit ( you’re not claiming for any children Or You’ve been getting Income Support, Jobseeker’s Allowance or Employment and Support Allowance.' (6) HMRC on the telephone and via written correspondence - Backdating does not apply to people claiming only Working Tax Credit (not claiming for children).

Senior members of HMRC tax credits team have told me in writing that 'Working Tax Credit can only be paid from the date the claim form is received in an appropriate office', therefore denying the legal existence of the effective date of claim, and refusing backdating for people claiming WTC.

The criteria for a claim to be backdated will remain the same as current rules.**Anyone aged 60 - 64 can be classed as working age, but also be entitled to claim Pension Credit.

The following rules apply to this age group: If you or your partner are in receipt of Income Support, income-based Job seeker's Allowance or income-related Employment and Support Allowance, the 6 month time limit applies If you or your partner are in receipt of Pension Credit, the three month time limit applies. If you are a working age claimant, or a pension credit age claimant between 60 - 64 years, whose partner is claiming any of the benefits as explained above, it will be awarded if you prove "good cause" and would have been entitled to benefit during the backdated period because of your income.

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*From April 2016 onwards backdating for working age customers will be reduced from a maximum of six months to a maximum of one month.

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