Property banding and council tax benefit start date

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    We are having a discussion about whether or not the delay in banding the property means that you can take the CTB back to start date of the liability and cant find any reg that will allow it.

    Can someone point me in the right direction for this please. I cant find any legislation that will allow us to go back but I know it always used to be the case.


    Darren Broughton

    Doesn’t the delay in banding just have an effect on the performance, not on the start date? The claimant still needs to submit their claim within the appropriate timescales for CTB to commence at the moving in date. Or have I got the wrong end of the stick with your posting?


    Sorry Darren the posting isnt very clear. The property in question has only just been banded back to 2004. The claimant has now made a claim for benefit but I cant find anything clear about when we can start the benefit claim from. My understanding was that it was always back to the start of the banding because the delay had been in setting of the banding. But I cant find any regs to back this up now and there’s nothing in Zebedee.


    As I understand it the usual date of claim and backdating rules etc apply. There is no special provision for claims made for a newly banded property.

    For the purposes of calculating the time taken to process a new claim in these circumstances, the date the claim is received is treated as the date that the banding was received by the authority.


    My understanding has always been that you have to make a claim at the proper time, be awarded “nil” benefit and then reassess when the property is banded.

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