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9 Welfare benefits
12. What must I do when I claim?
For many types of benefit, you will have to provide a lot of personal information about yourself, your family and your finances. You may also have to provide some proof that you qualify for the benefit. You must give your National Insurance number, so if you do not have one you must apply for one. Depending on the benefit, you may also have to attend an interview about work and training as part of your claim.
If your claim form is not completed properly, you may not get the benefit. If you are filling in the forms yourself or you want advice about your claim form, contact your local Citizens Advice Bureau.
You can claim yourself and member of your family. You can also claim on behalf of other people if they are unable to manage their own affairs. For more about this, see the CLS Direct leaflet 'Dealing with Someone Else's Affairs'.
Who decides whether I will get the benefit or not?
An official, often called a ‘decision- maker’, decides whether you can receive a benefit and, if so, how much you will receive. You will get the decision in writing and if you don’t understand the decision you can ask for an an explanation. The decision letter will also include details of how you can challenge the decision and whether you can appeal if you disagree with it.
Can I get benefit for a period before I make my claim?
If you claim late, whether you can get benefit for a period before you claim (called ‘backdating’) depends on the benefit. Some benefits can be backdated without a reason, for example Child Tax Credit, Working Tax Credit, Child Benefit, Carer’s Allowance, Incapacity Benefit, Pension Credit and Retirement Pension. Income Support and Jobseeker’s Allowance can be backdated only for certain reasons, for example because the office you wanted to apply to was shut, or the DWP gave you wrong advice.
Disability Living Allowance and Attendance Allowance cannot be backdated. Housing Benefit and Council Tax Benefit can be backdated if you have a good reason for not claiming earlier, though you will not usually need to give a reason if you ir your partner is aged 60 or over.
If you think you should have received benefits for a period before you claimed, you should ask for your claim to be backdated. The maximum period benefits can be backdated is:
You should find out the rules for the benefit you are claiming so that you can give your reasons for backdating if needed.
How will I get paid?
When and how often you are paid depends on the type of benefit you are claiming. You will usually be paid benefit directly into a bank or building society account or a Post Office card account. You can be paid by a cheque that you can cash at the Post Office only if it would be too difficult for you to manage an account or you cannot open one.
Tax credits must usually be paid into an account and you will be asked for your account details when you apply for tax credits. If you do not have a bank account, you should be able to open a special Post Office card account, or a basic bank account, which is available from many banks and building societies.
Statutory Maternity, Paternity and Adoption Pay are paid to you by your employer and will appear on your pay packet or payslip.
Housing Benefit can be paid direct to you or to your landlord or to your rent account if your landlord is the local authority that pays you Housing Benefit. Council Tax Benefit is usually paid be reducing your council tax bill, but if you do not have any council tax to pay, the benefit can be paid direct to you.
Do I have to do anything after I start getting benefits?
This depends on which benefits you are receiving. Generally, once you are receiving benefit, you must tell the agency that pays you about any changes in your circumstances. These include things such as changes in your income, or if you buy or sell a house, or if one of your children leaves school.
For Jobseeker’s Allowance, you must also have interviews with a personal adviser, who will try to help you get work. You will need to show that you are making efforts to get a job. For some other benefits, you may also have to attend interviews with a personal adviser about work and training. In some cases, your partner may also have to attend separate interview. Your benefit may be cut if you or your partner does not attend the interviews.
For Pension Credit, some people who claim do not have to report certain changes in their income for up to five years, but this rule does not apply to everyone. You should seek further advice if you are in this situation.
For tax credits, rules on changes of circumstances are different to those on most other benefits, and you should get further advice. If you don’t tell the Tax Credit Office in time about some changes, you may have to pay a penalty fine, or increases in the credit paid may not be fully backdated, or both. You may also be overpaid tax credit which you will have to pay back later. Remember to check the rules for each different benefit you receive, as one agency may need you to tell it of some changes while others will not.
What happens if I get paid too much?
If you are paid too much benefit, you may be asked to repay it. This may happen if you don’t tell the agency about changes in your circumstances or if you give them wrong information – even by mistake.
If the problem is more serious, for example if you lie about your circumstances, you may be investigated for fraud, and may even be prosecuted or fined.
Sometimes the agency dealing with your claim may make a mistake and pay you too much benefit. For most social security benefits, you have the right to appeal against having to repay an overpayment. But with tax credits you have no formal right of appeal against having to repay, only the possibility that the agency may write off the overpayment if you are in hardship or if it admits making a mistake. If either of these applies to you, you shuold ask the Tax Credit Office not to make you repay.
You can appeal against a tax credit decision:
You could also complain if you think that the overpayment was caused or made worse by the Tax Credit Office not responding to information or delaying a reassessment of your tax credit. You should always get specialist advice if you are asked to repay overpaid social security benefit or tax credit.
This leaflet is published by the Legal Services Commission (LSC). It was written in association with Rachel Hadwen, a specialist in welfare rights.
Leaflet Version: April 2016
CLS Legal Info Leaflets
(Legal Information Leaflets)