Normally we will start your application from the Monday after we receive your form.It is very important that you get your form to us as soon as possible because it affects the date your benefit will start.However, at common law this was a criminal offence (going by the contradictory sounding name of uttering a false document) and in most English law based legal systems it is still an offence today, although in many cases statutory provisions have superseded the common law (for example, in the British Virgin Islands see section 242 of the Criminal Code 1997).
How to appeal against a backdating decision In order for a backdate of Council Tax Reduction to be allowed you will have to show 'good cause' why you did not apply earlier.
There is no formal definition of 'good cause', each case will be decided on the individual situation.
Although criminal prosecution might be a risk in serious fraud cases, in most day to day legal matters where backdating occurs for reasons of administrative convenience, or simply by oversight or error, the risk of being charged with a crime are commensurately small.
But even if a person is not charged with a crime, the fact that a crime can be demonstrated to have occurred may still impact the rights of the parties.
If we send you a form we will allow you one month to complete and return it.
If you take longer than one month to return the form you might lose your application.
Slightly more tenuously, where the parties reached a binding agreement on a certain date, but only reduced it to writing on a later date, they might be justified in putting the date of agreement rather than the date of execution if the terms were in fact identical (a more likely scenario given the length and detail of many modern written contracts would be where the terms of contracts are agreed by e-mail on a certain date, but the parties were only available to sign the actual physical documents upon a later date).
However, in each case this could only operate where the contact is a “simple” contract rather than formally executed as a deed (ie signed, sealed and delivered).
There are no set time limits on making a backdate request.
The maximum period that an award can be backdated is 6 months for anyone who has not reached the qualifying age for State Pension Credit.
For execution as a deed the requirement of signing is a crucial part of the process of creating rights by way of deed, and so it is never permissible to backdate a deed.