Social Security Commissioners have tried to define "good cause". One of the most memorable is the definition of 'good cause' as provided in R(S)2/63(T) –
'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'
In Wall’s Meat Co Ltd v Khan <1979> I.C.R. 52 the Court of Appeal was concerned with an employee’s delayed complaint of unfair dismissal made to an industrial tribunal. Lord Denning MR said (at page 56)
“Ignorance of his rights — or ignorance of the time limit — is not just cause or excuse, unless it appears that he or his advisors could not reasonably be expected to have been aware of them.”
And in the same case Brandon LJ pointed out that there could be good cause for delay if the delay was due to a
mistaken belief reasonably held.”
And finally, in CH/4501/2004 the Commissioner decided that a lack of knowledge of the benefits system can be considered good cause for a backdated claim.
This may be helpful:
http://www.londoncouncils.gov.uk/upl...backdating.pdf
The legislation background:
Regulation 72(15) of the Housing Benefit (General) Regulations 1987 and Regulation 62(16) of the Council Tax Benefit (General) Regulations 1992 provides as follows:-
(15) Where the claimant makes a claim in respect of [a past period (a “claim for backdating”) and, from a day in that period up to the date of the claim for backdating, he had continuous good cause for his failure to make a claim, his claim in respect of that period shall be treated as made on-
(a) the first day from which he had continuous good cause; or
(b) the day 52 weeks before the date of the claim for backdating,
whichever fell later.]
The following guidance comes from the “Department for Work and Pensions Housing and Council Tax Benefit guidance Manual”.
Meaning of good cause
2A.00 Good cause
• is not defined in legislation a number of Commissioner’s decisions deal with it
• includes any facts that would probably have caused a reasonable person to act as a claimant did, for example:
- The claimants age, health, background and knowledge of the Social Security (SS) system
- Information the claimant
~ had received or
~ could have obtained
2A.01 It is for the claimant to show good cause unless there is an appointee. The claimant’s explanation for the delay in claiming should be considered in the light of all the facts and circumstances.
The following examples of good cause are taken from the “Guide to Housing benefit and Council Tax Benefit 2005-06 by Zebedee, Ward, and Lister”.
5.79 Some examples of when claimant’s may have ‘good cause’ are listed below.
• If the claimant was ill and had no-one to make a claim on their behalf.
• If the claimant could not reasonably have been expected to know their rights, e.g. if there have been detailed changes in the law,
• If the claimant did not understand that they could claim, perhaps because of age, inexperience, language difficulties, difficulty in understanding technical documents or some other reason.
• If the claimant was wrongly advised that they were not entitled to HB/CTB.
• If the claimant was unable to manage their affairs and did not have an ‘appointee’.
Social Security Commissioners Decisions
The following Commissioners Decisions all relate to the backdating of Housing and Council Tax Benefit entitlement and are taken from the Social Security and Child Support Commissioners website:
• CH 5221 2004
• CH 2302 2002
• CH 2659 2002
• CH 393 2003
• CSHC 352 2002
• CH 996 2004
• CH 1791 2004
• CH 4501 2004
Backdating a claim - From when? 
Council Tax Benefit.
