Backdating

Q. How is a claim for backdating made?

A. A claim for backdating can be made at any time, and simply involves the claimant asking for their claim to be made for a past period. To enable you to consider entitlement, you would firstly need to consider if continuous ‘good cause’ has existed from the date the claimant wishes to claim to date and establish their income levels and liability throughout the period being asked for.

Q. What is continuous ‘good cause’?

A. To allow an award for a backdated period, claimants must be able to show that they have continuous ‘good cause’ for their failure to make a claim at the correct time to allow the award for that period to be made. This ‘good cause’ must exist from the date they wish to claim from up to the date the claim for backdating was actually made. If a period exists where ‘good cause’ cannot be shown, the claim cannot be backdated before that period.

‘Good cause’ cannot be defined in a simple list. Each case has to be considered on its individual merits and must take into account the claimant’s (or their representatives) ability to make that claim. As this is a claimant specific consideration, no list of examples would be accurate, as what is ‘good cause’ for one claimant may not be considered ‘good cause’ for another.

In every case you must considered the information the claimant has provided to you and make a reasonable decision on whether ‘good cause’ for failing to make a claim exists.

Q. What types of things should we take into account when considering ‘good cause’?

A. Again there is no complete list of what you should consider and this will vary from case to case. Amongst other things, the claimant’s health condition (both physical and mental), household emergencies (such as bereavement), language needs, support available to them and any incorrect advice they have received should all be taken into account in making your decision in this area.

Q. Is ignorance of the benefit system ‘good cause’?

A. In and of itself, no, ignorance of the benefit system is not good cause. In this you must consider whether it is reasonable to have expected the claimant  to be aware that benefits existed at all, and make contact with one of various agencies who could sign-post them to HB/CTB. For example: most LAs include information concerning CTB with their council tax bills. It is therefore reasonable to assume that most people (barring special circumstances) would be aware that CTB exists. But with any case this will not always be the case. For example: it could be said that a foreign national who does not speak or read English could not be expected to know that CTB exists simply because written details of CTB was issued with their council tax bill.

Q. How do I get the information I need to decide a backdating claim?

A. As with any claim you have the right to request further information you need to decide the claim. Once requested, the claimant has one month to supply that data. If they fail to do this you may make a decision based on a negative inference as set out in The claims process section of this website.