If there has been a reason which stopped or delayed you applying for Housing and/or Council Tax Benefit you can ask for your claim to be 'backdated' so that it starts from an earlier date.
The Start Date of Your Benefit Claim
Under Housing and Council Tax Benefit law your claim for benefit must be made in writing. Normally we start any benefit you are entitled to from the Monday after we get your form. It is, therefore, very important that you get your application form or letter to us as soon as possible because it affects the date your benefit could start from.
However, if you or your partner are over pensionable age your claim can be considered from either the date you become pensionable age or 3 months prior to the date of your claim, whichever is later.
The Rules on Backdating Benefit
If you are working age we can only backdate benefit to a date earlier than the Monday after we get your form if there is a reason why you were unable to apply for your benefit earlier. If you disagree with the date your claim starts from for any other reason you can appeal against the decision.
In order for backdate of Housing and Council Tax Benefit to be allowed you will have to show 'good cause' why you did not apply earlier. There is no formal definition of 'good cause'. Each case will be decided according to its own individual situation. Some examples of what might be considered good reasons are:
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If you did not immediately claim benefit after leaving hospital
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If you were ill and had no-one to make a claim on your behalf
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Severe illness
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If you were experiencing matrimonial problems
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If you were wrongly advised that you were not entitled to Housing and/or Council Tax Benefit
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If you have suffered a recent family bereavement
These examples are only intended as a guide to help you, they are not a complete list of all possible reasons. The circumstances must have continued throughout the period until you claimed benefit.
The maximum period that a benefit claim can be backdated is 6 months from the date we receive the backdate request.
If you would like to claim for a backdate you can do this online. Please visit the 'online forms' section of our Online Services and choose 'backdate form'.
What happens when a backdated claim is made
Your claim will be considered by a Benefits Officer and you will be sent a letter telling you of our decision. 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 contact you for more information.
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.
Benefit Prior to Moving In
We can normally only pay benefit from the date you move into your home but there are certain circumstances where we can consider starting your claim from a date before you moved in if you are liable for rent on the dwelling:
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If your move is delayed because you were waiting to leave hospital or a care home Housing Benefit can be paid for up to four weeks prior to the date you move in.
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If your move is delayed because you have applied for a social fund loan and are either pensionable age, have a child under 6 or someone is your household is disabled, Housing Benefit may be paid for up to four weeks prior to the date you move in.
In both of these circumstances you must have moved into the property before benefit can be awarded. If you think you may be entitled to benefit prior to moving in please click on the following link to print off an application form, or contact us to ask us to send you a form.
Housing Benefit Prior to Moving in Application
