CouncilBackdating benefits
About backdating benefits
Under the normal benefit rules the benefits service will award you benefit from the first Monday after it gets your claim form, or in some cases the Monday after your claim was received at a Social Security office, Jobcentre Plus or Pension Service office.
However, it is sometimes possible for the benefits section to pay your benefit from a date before your claim was actually made. For this to be considered you must:
- make a written request to have your claim backdated to an earlier date
- tell us the date you want your claim backdated to
- tell us the reason, or reasons, why you did not claim earlier (Note: your reasons must cover the entire period from the date you want your claim backdated to, to the date you make your request for it to be backdated)
Your benefit can only be backdated if you can satisfy the benefits service that you had ‘good reasons’ for not claiming on time and these continued throughout the period starting from the time you want your claim backdated to, until the time you make your request for it to be backdated.
Remember there may be more than one reason for your delay in claiming and the reasons may have changed during the period for which you want your claim backdated. You need to give as much information about what prevented you claiming earlier as possible. You may be asked to provide supporting evidence as well.
The benefit rules do not specify want counts as ‘good reasons’ - each person’s case has to be considered on it’s merit and reasonableness. However, ignorance of the rules, carelessness, forgetfulness (unless due to a medical condition) and indifference are not likely to be accepted as good reasons.
Nor would it be reasonable for you delay claiming while waiting for information from somewhere else - you can always send information later and should never hold on to your claim. If you live in supported accommodation or have a social worker or other type of support worker you are expected to ask them to help you if you aren't sure what you need to do.
^ top
Why is claiming on time important?
There are two main reasons:
- if you don't claim on time you can lose out - even if you claim backdated benefit here is no guarantee that this can be awarded unless you satisfy all the conditions
- when backdated benefit is granted the council has to fund 50% of any backdated award out of its own resources (mainly council rents and council tax) the rest comes from the Government. By claiming on time you help Tower Hamlets make the best use it own resources
Although you do not need to complete a form to request backdated benefit you may find it helpful if you do. With this in mind the benefits service has designed a special form which you can download from this website by clicking on the following link. If you do not want to use the form remember you must still make your request in writing.
Some examples of what may constitute good cause are shown below:
- Being abroad and unable to get in touch
- Difficulty with the language and no one available to help
- Mislead by official (and sometimes unofficial) information/advice
- Inadequate advice from a professional (e.g. solicitor, social worker)
- Poor health and no one available to help
- Lack of information and no one available to help
- Very young age or very elderly – and no one available to help
- Lack of experience in claiming benefits and dealing with own affairs
- Waiting for a decision about another benefit
- Failed to claim immediately after leaving hospital
This list is not exhaustive or absolute and each request will be considered on its merits. Very often there will be a combination of reasons and the reasons may change. Remember you must have reasons throughout the period up until your backdating request is made.
Please note that as a general rule the benefits service expects people wanting to claim benefit to take reasonable steps to claim on time and seek advice and assistance if they are unsure what to do.
Download form for backdating benefits.
Pid No: 62, 68
