Terms & Conditions

[Anonymous]

I am happy that the Regs below clarify that it is the [b:976510db3c]claimant [/b:976510db3c]who must make a wtitten request for a backdate. We have had some agencies (who are not officially appointees) who have advised this is wrong and they can write the backdate without the claimants signature. We only hold a mandate which clearly states they can only query their entitlement.

What’s your thoughts?

Housing Benefit Regulations 2006 Regulation 83(2)

Council Tax Benefit Regulations 2006 Regulation 69(14)

Where the claimant makes a claim in respect of a past period (a “claim for backdating”) and, from a day in that period up to the date of the claim for backdating, he had continuous good cause for his failure to make a claim, his claim in respect of that period shall be treated as made on—

(a) the first day from which he had continuous good cause; or

(b) The day 52 weeks before the date of the claim for backdating, whichever fell later

The (Zebedee, Ward and Lister) book (advises that HB/CTB cannot be backdated more than 52 weeks before the date on which the authority received the [b:976510db3c]claimant’s[/b:976510db3c] written request for backdating.

It also adds that backdating only arises when HB/CTB is requested for a past period for which the [b:976510db3c]claimant[/b:976510db3c] has not already claimed HB/CTB.
[/b]

[emmadring]

In my opinion the regs are clear that the claim for backdating has to be made by the claimant himself. I would accept a claim made by an agency where the claimant has signed to say that they give their authority to that agency, but without the claimant’s signature there’s no way I would accept the claim. I would write to the agency informing them that this is the case.

Would you accept a normal claim for HB (HB1) from an agent without the claimant’s signature? I think this is the same principle.

[Kevin D]

I broadly agree with Emma’s post.

The opening line to [b:d11a2820ae]HBR 83(12)[/b:d11a2820ae] states: “Where the claimant makes a claim in respect of a past period…”.

It’s crystal clear that it must be the clmt. This is further supported by the existence of [b:d11a2820ae]HBR 82[/b:d11a2820ae] (Who may claim).

To avoid any further argument, howabout this….

Treat the letter / memo as not being made in accordance with [b:d11a2820ae]HBR 83(1)[/b:d11a2820ae]. Send a “normal” claim form to the clmt, clearly marked as being in respect of the backdate period, with a covering letter explaining that the backdating claim must be made by him/her (as the clmt) AND that the letter from a 3rd party is not either a claim form “approved for the purpose”, nor is it in “such written form…” that can be accepted “…in the circumstances”.

Hope this helps.

[Anonymous]

Thanks Emma, Kevin.

It’s fine because I have refused to accept them anyway.

On emma’s point I think we have to carefull of the wording of the mandates received from these agencies.

Where they advise the customer has given them permission to enquire about their claim to me does not constitute them submitting an appeal on behalf of the claimant even if that mandate is signed by the claimant.

[emmadring]

Yeah I’d agree with that!

[Author]

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