Terms & Conditions

[Anonymous]

Hi

Got a scenario that I am a bit puzzled by any views would be gratefully received:

In 2005 students are advised that they are eligible for HB. They make their claims some three to ten weeks after receiving this advice. Some of the students at the time of making their claims are 19 and do not fall within the exceptions and therefore are not eligible for HB.

However, before the date they were advised they were 18 and therefore eligible for HB so they have asked for benefit for a limited period. Looking at the backdate requests should I be investigating the reasons for the delay in applying from the date of the advice and looking at good cause for this period even when it does not relate to the period they want benefit for?
Thanks

[JohnH]

Hi Emily
If I understand you correctly we have
Time 1 claimant 18 and eligible
Time 2 claimant 19 and ceases to be eligible
Time 3 Backdating claim.

If this is the case then the clamant has to establish good cause for the whole of the period Time 1 to Time 3. If they do this then they may be entitled to HB for the period Time 1 to Time 1.

So to answer you question – yes you will have to go into each case but it is up to each claimant to show ‘good cause’. Just to finish off being pedantic I would say that there may be two periods to considered. The start of rental liability to the date of getting advice and the date of getting advice to the date of claim. These claims are likely to be successful for the first period on the grounds of knowelge of claimant benefits and age. It will be the second period that is more likely to bar the claims.

Hope that helps.
John

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