Criteria for backdating income support


03-Nov-2014 09:45

criteria for backdating income support-68

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Every claim is treated on its own merits but in general any facts that would probably have caused any reasonable person of your age, state of health and experience not to have claimed earlier will be considered. If you, or your partner, are 60+, (and do not fall into the aged 60-64 category as described previously) we can automatically backdate your claim for up to three months from the date you apply, providing your circumstances mean you would have qualified earlier, otherwise you will have to make a claim in writing.

You can either write a letter or download and complete a backdate request form, (see link on right).

You are expected to take reasonable steps to establish your rights and duties by contacting your local area office or the Department for Work & Pensions.

If you have an official appointee,who was representing you at the time your earlier claim should have been made, their action or inaction is treated as though it were yours.

In other words, it is your appointee who would have to show "good cause" for failing to make an earlier claim.

Please note, an award can only be given if good cause has been continuous from the date the earlier claim should have been completed until the date your written request is made.

*From April 2016 onwards backdating for working age customers will be reduced from a maximum of six months to a maximum of one month.

This will apply to any application for a backdated Housing Benefit claim made from this date.

For more information, see 'related pages', 'downloads' or 'other useful websites'.

The criteria for a claim to be backdated will remain the same as current rules.**Anyone aged 60 - 64 can be classed as working age, but also be entitled to claim Pension Credit.

The following rules apply to this age group: If you or your partner are in receipt of Income Support, income-based Job seeker's Allowance or income-related Employment and Support Allowance, the 6 month time limit applies If you or your partner are in receipt of Pension Credit, the three month time limit applies. If you are a working age claimant, or a pension credit age claimant between 60 - 64 years, whose partner is claiming any of the benefits as explained above, it will be awarded if you prove "good cause" and would have been entitled to benefit during the backdated period because of your income.

"Good cause" is the term mentioned in the Benefit Regulations, although no definition of it is given.

Some examples include: Good cause cannot be established simply because you were unaware of the right to benefit or the time limit for claiming.

If you give care to someone for at least 35 hours a week, you might be eligible for Carer's Allowance.