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Backdating is a rule which allows the council to award Housing Benefit for up to one month and Council Tax Reduction for up to 6 months before a claim was received.In order to be awarded backdated benefit you must: It is possible for there to be 'continuous good cause' for Housing Benefit, but not Council Tax Reduction and vice versa.

benefit backdating rules-16

The new regulations include limiting the period in which Pension Credit, Housing Benefit and Council Tax Benefit can be backdated when making a claim.

Currently, a person aged 60 or over making a claim for benefits can have the award backdated for up to a year without having to give a good reason for not claiming earlier - so long as their circumstances have stayed the same during this time.

It is based on the social insurance (PRSI) record of either the claimant or their late spouse or civil partner.

The pension is not means tested, so your rate of payment is not affected by other income you may have such as an occupational pension, earnings from employment, etc.

There is no exact legal definition of what is good cause.

The council will make a decision after considering the facts in each application.Any gap in good cause will mean your benefit will not be backdated.You must apply in writing to the council to have your benefit backdated and your request should include the following: Remember, the council will only backdate your benefit up to 6 months from the date you ask for backdating, not necessarily from the date you put your claim form in.This effectively allows the Housing Benefit claim date to follow the backdating in the other benefit.So it seems that you could still backdate for 3 months in some circumstances, such as when making a backdated ESA claim. Also, if you have just reached PC age and then make a backdated claim it will be limited for one month of the period when you were still working age plus the period you are able to backdate under PC.The Court of Appeal has recommended a general test which the council should apply when considering good cause: "some fact which, having regard to all the circumstances (including the claimant's 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." Some factors which the council will take into account when applying this test are: These are only a few of the more common factors the council will look at when deciding if good cause is shown.