Nil Entitlement – subsequent change in circs

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    Louise Morritt

    Claimant is receiving HB but not CTB as doesn’t qualify. He has a subsequent change of circumstances which increases his HB and also means he will qualify for CTB. A form is sent to him to complete for CTB which he returns.

    Can I ask what would you use as the claim date? The date he returns the form or when he notified us of his change in circumstances which suggested he would qualify for CTB. If you would use the date the form was returned would you look favourably at backdating?


    I’ll stick my neck out and say it depends what your claimant said when he reported the change of circs.

    If he said “I’ve had a change, can I now have some help with council tax” I think that constitutes an intention to claim and you could treat that as the date if claim if he returned the application within a month of you sending it.

    If he said “I’ve had a change can I have some more HB” and didn’t say anything about CTB then I would say that the date of claim is when you got the form back and you would be looking at backdating.

    I would probably look favourably at the backdating as long as he told you of the change within a reasonable time and got the application form back quickly.

    Obviously willing to be shot down by more experienced and knowledgable posters.

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