Getting payments backdated

This content applies to England only.

Housing laws vary between England and Scotland. This page applies to England only. Get advice relating to Scotland

If you think that you may have been entitled to housing or council tax benefit at any time during the last three to six months and have a really good reason for not having claimed before, you may be able to make a backdated claim.

How can I get my claim backdated?

If you want to ask for your benefit to be backdated, you will need to say this when you fill in your housing or council tax benefit claim form.

You will also have to include a letter or statement with your form, explaining the reasons why you could not have claimed any earlier. You can adapt our sample letter to do this. Enclose any evidence you have to back up your request.

How long can my claim be backdated for?

Claims can normally be backdated for up to a maximum of six months. This changed on 6 October 2008. Previously, claims could be backdated for up to a year.   

However, there are special rules if you or your partner are aged 60 or over (see below). In most cases, your claim can only be backdated for up to three months.

What counts as a good reason for claiming late?

You may have a good reason for claiming late if:

• You have been unwell and unable to manage your personal affairs
• You have had mental health problems and have been unable to manage your personal affairs
• You have experienced a personal trauma or bereavement
• You have difficulty communicating in English
• You have difficulty reading or writing and were not able to ask someone to help you
• You were given information that was incorrect (this must have come from someone who should know about benefits, for example, someone from the Department for Work and Pensions, the housing benefit or council tax department or an adviser, but not family or friends)

These are just examples of things that could have prevented you from claiming earlier. You might have other reasons. It is usually not enough to say you did not realise that you would have been entitled to benefit, unless there was a good reason why you could not have investigated this yourself.

What evidence will I need?

It is best if you can provide a letter from someone to support your reasons for claiming earlier. This could be from your:

• doctor
• health visitor
• social worker
• housing officer, or
• support worker

This list only gives examples, so you could ask someone who is not on the list to write a supporting letter.

I have handed in my backdate request - what next?

If possible, hand the form in to the council and get a receipt for it and any information you provide. Keep this in a safe place. You might receive a request for more information. If you do, provide this as soon as possible.

You will receive a letter notifying you of the council's decision. If you are not happy with the decision, you can challenge it by asking the council to look at their decision again. You could get help to do this from an adviser at Shelter, a Citizens Advice Bureau or another advice agency. Use our directory to find one.

If you do not hear anything, you could phone or visit the council. Ask if they have received your request and if they have all the information they require. Take a note of the name of the person you speak to, what they say and the date. Keep this note somewhere safe.

What are the special rules for people over 60?

If you are aged 60 or over and you are not claiming income support or income-based jobseeker's allowance, your housing benefit claim can automatically be backdated for up to three months. This was reduced from one year on 6 October 2008.

You do not have to show that you have good cause for not having claimed earlier, just that you think that you would have been entitled to housing benefit at any time in the past year.

If you claim housing or council tax benefit at the same time as you claim pension credit and the pension credit is backdated, your housing or council tax benefit can be automatically backdated for the same length of time.