Council Tax Reduction backdating refusal

This is a question that comes up regularly, and the answer depends on the specific circumstances, the reason for the late claim, and the rules adopted by your local council.

Background:

Council Tax Reduction (sometimes still referred to as Council Tax Support) replaced the old national Council Tax Benefit scheme from 1 April 2013. Since then, each billing authority in England has been required to design and publish its own local Council Tax Reduction scheme. This means the rules on backdating can and do vary from council to council.

For working age claimants:

There is no single national rule on backdating for working age people. Each council sets its own policy as part of its local scheme. Some councils allow backdating of up to three months or six months where there is good cause for the delay in claiming. Some councils have removed backdating altogether for working age claimants. Others allow it but impose strict conditions, such as requiring continuous good cause throughout the entire period of the delay.

So the first thing to check is what your council's published scheme actually says about backdating. This document must be publicly available and is usually on the council's website.

For pension age claimants:

The position is different and more generous. The prescribed national scheme for pension age claimants (set out in the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012, as amended) generally allows backdating of up to three months without requiring any specific reason. This mirrors the approach taken under the old Council Tax Benefit rules for pensioners.

Can the council lawfully refuse to backdate:

Yes, the council can refuse, but only if its refusal is consistent with its own published scheme and with general principles of public law. If the scheme allows backdating in certain circumstances and you meet those circumstances, the council should not refuse. If the scheme does not allow backdating at all for working age claimants, the council is entitled to apply that rule.

However, there are a few avenues to consider if the council refuses:

1. Check the council's own scheme carefully. If the scheme allows backdating subject to good cause, make sure you have clearly explained the reason for the delay in claiming. Common good cause reasons include illness, bereavement, a mistaken belief that someone else was dealing with it, language barriers, mental health difficulties, or being given incorrect advice by the council itself.

2. If the council has made a decision you disagree with, you have the right to request a written statement of reasons and to appeal. Appeals against Council Tax Reduction decisions are made to the Valuation Tribunal for England. There is no fee.

3. If the council has acted unreasonably, failed to follow its own scheme, or failed to take relevant matters into account, you may also be able to challenge the decision by way of complaint, referral to the Local Government and Social Care Ombudsman, or in extreme cases judicial review.

4. Consider whether you also have an underlying entitlement to other benefits such as Universal Credit, Housing Benefit, or Pension Credit that you may not have claimed. Sometimes delays in one claim affect the start date of another.

Practical next steps:

1. Obtain a copy of your council's Council Tax Reduction scheme. This is usually available on the council website or on request.

2. Check what the scheme says about backdating, including any time limit and whether good cause is required.

3. If you have not already done so, put your request for backdating in writing, setting out clearly why you did not claim sooner.

4. If the council refuses, ask for a written decision with reasons.

5. If you believe the decision is wrong, appeal to the Valuation Tribunal for England. The appeal must normally be made within two months of the decision, though the Tribunal has some discretion to accept late appeals.

If you can tell me which council you are dealing with, the reason for the delay in claiming, and whether you are working age or pension age, I can give you a more targeted answer.