Reply To: Overpayments – Circular A13 2006


I’ve a couple more obs.

Firstly, if, within the one month, you can debit overpaid CTB to the Council Tax account as, according to the circular, that will only issue a revised bill, etc…., what happens if the customer appeals? Are we expected to recredit o/p CTB until the appeal is dealt with? If we don’t, the customers subsequent installments will be higher than they should be so we are, in effect, recovering the o/p before the appeal has been dealt with.

Secondly (and apologies to stalbansbenefit!!), whats all this about underlying entitlement? I know it must be considered, and I agree that if, after one month, no reapp has been made then the o/p becomes final (or as final as it can be), but I don’t see the link they are making with the DAR one-month rule? If an o/p occurs as we have amended a claim, UE has already been taken into account. If an o/p occurs because we terminate entitlement, then it hasn’t unless the customer reapplies. How does a reapplication suddenly come under DAR amendment rules?

I’ve always been of the view that UE must be worked out whenever we have sufficient info to do irrespective of how long it may have taken to obtain it. Not really sure that I agree with the bit about it being our responsibility to go looking for this info either. I presented a case at TTS a while back where an o/p occurred following a private tenant vacating. The chair asked if I had considered HB in lieu of notice – the answer was no as there had been no indication that notice was required. However, the chair was insistant that I go look into this, i.e. consider UE, before he made a decision on the o/p. I queried this with the district chair who made it clear he wouldn’t have taken this course of action – if the customer hadn’t made requested further benefit, we don’t have to go look for it.

Maybe its just the heat but I’m not really following this one! 😳