Appeal case code

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  • #31921
    ben steventon
    Participant

    Hi All,

    Just about to submit one but I’m really not sure what it should be coded as.

    It’s a case where we have decided somebody is not resident for both HB & CTB, I would suggest RS for HB but what about CTB?

    Any ideas?

    Thanks.

    #89286
    Anonymous
    Guest

    If you use a HB-only code for a combined HB/CTB appeal they’ll send it back to you – they really are that pedantic!

    I would go for 69CE

    #89287
    ben steventon
    Participant

    Thanks Michael, it is quite a complex case so I’ll make that 69CC.

    Many thanks for the advice.

    🙂

    #89288
    Chris Robbins
    Participant

    Ben,
    I obviously do not know the details but these sort of cases can be worrying. From a Hb point of view non residency is a ground for saying no HB as does not meet the conditions of entitlement (S130 SSCBA).
    With CTB it is slightly different. If local taxes are actually charging your claimant what is the basis for the charge if he is not resident there? If they are charging him on the grounds that he is resident how can you then say no entitlement to CTB on the grounds that he is not resident?

    #89289
    Anonymous
    Guest

    If he’s a prescribed person due to being absent he could be billed as resident but still not eligible for CTB.

    #89290
    chris harvey
    Participant

    I am guessing but I think Ben may have refused benefit on the following grounds:-
    HB – not occupying the dwelling (S130 SSCBA 1992)
    CTB – may have sole or main residence but absent from the dwelling (CTB reg 8(1))

    #89291
    Anonymous
    Guest

    snap!

    #89292
    Nicky
    Participant

    I’d go for 69RS (and have done before with no problems)

    #89293
    Chris Robbins
    Participant

    Michael, Chris,
    If we are looking at a temporary absence scenario and this is and remains his main or normal residence, I totally agree. I was simply making the point that if there is a doubt that it continues to be his main residence or if Ben has evidence that he now lives elsewhere, then Local Taxes should be making a non residential charge (assuming he is liable for a charge at all) which cannot be covered by CTB, and as a consequence the grounds for refusing HB and CTB will be different.

    #89294
    mthorne
    Participant

    I am another vote for 69CE or 69CC

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