Reply To: Backdating – second opinion needed!

#286510
nick dearnley
Participant

Thanks Peter – I’m considering the s13A(1)(c) discretion; my experience is that where CTS could have been claimed we are reluctant to apply the discretion, and those decisions are made by Council Tax rather than me.

I’m confident the Scheme effectively limits the backdating period:

111. (1)Where an applicant who is a person who is not a pensioner—
(a) makes an application under this scheme which includes (or which he subsequently requests should include) a period before the application is made; and
(b) from a day in that period, up to the date he made the application (or subsequently requested that the application should include a past period), the applicant had continuous good cause for failing to make an application (or request that the application should include that period),
the application is to be treated as made on the date determined in accordance with sub-paragraph (2).
(2) That date is the latest of—
(a) the first day from which the applicant had continuous good cause;
(b) the day 6 months before the date the application was made;
(c) the day 6 months before the date when the applicant requested that the application should include a past period.
(d) 1st April 2013.