Advance claim – with a backdate request?!!

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  • #31575
    emma27
    Participant

    Hello.

    App received 8 Feb 10 (first contact 22 Jan 10) from homeowner claiming CTB from 22 Jan 10. The date “22 Jan 10” was entered in the page asking about backdating.

    On 2 March the claimant was QA’d about a statement he’d made in December 09 that he didn’t live at the property he was now claiming for.

    On 9 March he provided a statement that he had moved in on 28 Feb 10, having lived with friends (while renting out his own house as an HMO) prior to this.

    The assessor was waiting for advice from fraud, so it took until 23 April before he nil qual’d him because he was not resident at the time of the claim. The notification letter said this:

    [i:b59cf3e4a7]“Further to your application for Council Tax Benefit, I must inform you that you are not eligible for Council Tax Benefit due to the following reason:

    You came to our offices on the 22nd January 2010 and was issued an application form. You completed this on the 27th January 2010 and we received it back on the 8th February 2010. Since then you have made two declarations that you moved in on the 28th February 2010. Therefore, you were not resident at [xxx] when you applied for benefit.”[/i:b59cf3e4a7]

    I’m now looking at the recon, received 28 April, (yes, bit of a backlog here!) The claimant restates that he moved in on 28 Feb and “I apologise for any confusion with the start of my claim”.

    I have looked at CTB Reg 69 but I can’t see anything about advance claims. I’m probably just being dense. The guidance says:

    [i:b59cf3e4a7]If you are satisfied that there are reasonable grounds for assuming that the person will become liable for CT, accept the claim,[/i:b59cf3e4a7]

    and

    [i:b59cf3e4a7]As long as liability arises within the eight week period, treat the claim as made from the date when the CT liability starts.[/i:b59cf3e4a7]

    Obviously, the owner’s liability didn’t start when he moved in. He was already liable because it was an HMO (actually, as far as council tax were concerned, he’s been the owner occupier since 2007).

    Can I consider it to be an advance claim anyway? Or should I ask him now to make a backdate (we’ve paid from 19 April based on a claim made 16 April)?

    Oh, my poor brain cell… Please help!

    #41140
    Kevin D
    Participant

    [b:f0fde8c498]CTBR 69(12)[/b:f0fde8c498] covers advance claims. Whether it can be applied in your case, over to you…

    #88274
    emma27
    Participant

    Oh yes – as I suspected, I was being dense. Yes, that’ll do nicely. Thanks very much. 😀

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