Spelthorne Borough Council

Providing Quality Services to the People of
Ashford, Laleham, Shepperton, Staines, Stanwell & Sunbury

Housing and Council Tax Benefits - Backdating of Benefit

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Under the Housing Benefit/Council Tax Regulations, local authorities are unable to backdate benefit prior to the effective date a the claim or notice of a change in circumstance*, that would increase benefit, i.e. the Monday following the date the claim or notice was received by the Council or the date income support started. In certain cases backdating can be given but the claimant must show continuous “good cause” for the delay in claiming and this is defined as follows:

“-some fact which, having regard to all the circumstances (including the claimant’s state of health and the information which he had received and that which he might have obtained) would probably have caused a reasonable person of his age and experience to act (or fail to act) as the claimant did”.

*Changes in circumstances must be notified to us within one month of the change occurring.

If you wish to make a claim for backdating of benefit you must do so in writing to the Principal Benefits Officer together with your reasons for not claiming at an earlier date.

Backdating of benefit cannot be considered for a period exceeding six months for working age claimants and three months for pensioner claims.

It is expected that people will take reasonable measures to find out if benefits are due to them. For example, the citizens advice bureau offers help and advice, as does the local authority itself.

Benefit Office
PO Box 292
Staines
TW18 1UY

or e-mail: benefits@spelthorne.gov.uk
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