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To obtain backdated help "good cause" must be proved and this must exist throughout the period from when the Benefit is requested to begin from up until the time that the backdating request is received by this office. The onus is on the claimant to prove that "good cause" existed throughout the period.

There is a time limit on the period that Benefit can be backdated to and this time is restricted to the 6 months immediately prior to the date backdating is requested for those aged under 60, and to 3 months for those aged over 60.

The expression "good cause" is not defined in the Benefit Regulations but a Social Security Commissioner has given the following as its meaning:

"....some fact which, having regard to all the circumstances (including the claimant's state of 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.

There may be any  number of reasons for claiming backdated help. The following points give guidance on what sort of circumstances may constitute "good cause":

  • Whilst ignorance in itself is not "good cause" further details of the reason for the ignorance may enable a request to be considered
  • "Good cause" can arise because a claimant had a mistaken belief, reasonably held, that he/she could not claim.
  • The claimant could not reasonably have been expected to understand the Regulations because of age, inexperience, illiteracy or language difficulty
  • The claimant was ill, under stress or emotional pressure or did not claim immediately on leaving hospital
  • There was a change in legislation that the claimant could not have been expected to be aware of
  • The claimant was mis-informed by a person whom could reasonably be expected to give reliable advice
  • The claimant was led to believe that his/her earnings would be greater than they were due to the employer giving incorrect advice about commission, sickness pay etc.

The above items are not meant to be the only circumstances that will be considered, they are provided for guidance.  Please note: "Good cause" will not automatically be proven if one of these reasons is given because each case will be judged on the individual circumstances.

Please use the secure on-line backdated claim form to submit a claim.

Contacts

Tel: (01444) 477264

Email: benefit@midsussex.gov.uk

Address:
Benefits Services
Mid Sussex District Council
Oaklands Road
Haywards Heath
RH16 1SS