Backdating CTB post April 2013

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Viewing 13 posts - 1 through 13 (of 13 total)
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  • #45901
    keithh
    Participant

    Morning,

    Our CTR scheme gives no provision for backdating for working age claimants.  If a working age person claims CTR in May 2013 requesting 6 months backdate (with good cause for HB) can we award CTB from November?  I have come up with several options but no decision!  My options are:

    1 No.  CTB doesn't exist anymore

    2 Yes you can have CTB from November to 31/3/13, but your CTR will only start from x/5/2013

    3 Yes you can have CTB from November and migrate onto CTR (with our Working Age restrictions)

    Any thoughts appreciated!!

    Cheers, Keith

    #129257
    LouP
    Participant

    Spose it depends exactly what is in your local scheme but I would think 3 is your only real option. If you accept their claim date as Nov 2012 then had they been in receipt of CTb at that point you would have migrated them from 1.4.13.

    #129260
    keithh
    Participant

    Hi Louise,

    Our Working Age scheme gives no provision for backdating CTR – if common sense applies I would agree with you and option 3 – but common sense doesn’t seem to apply too often now!!

    Cheers!

    #129262
    LouP
    Participant

    It’s tricky but you would be considering the backdate under the transitional CTB arrangements pre 1.4.13 so my view would be that this overrides the fact that you are not backdating CTR.

    Interesting to see what others think.

    #129286
    Rob Hawes1
    Participant

    The claim form received in May contains a request for backdating. If you accept that there is good cause and that it’s also a request for backdating of CTB, then the CTB claim has to be treated as made on the date from which good cause has been shown. If that’s November, then the claim for CTB is in existence and CTS follows on naturally. Option 3 must be the one!

    #129306
    Andrea Griffiths
    Participant

    See circular A3 2013 which deals with the transition and backdating/beneficial changes:

    10. If a claimant makes a claim for the council tax reduction scheme after 1 April and either a) requests backdating, or b) is a pensioner automatically entitled to CTB for a past period; the LA will be responsible for determining whether there is entitlement to a period of backdated CTB.

    11. If it is decided that there is entitlement to backdating of any period of CTB, this should be calculated and paid in accordance with the relevant CTB regulations. Any entitlement must end on 31 March 2013. Any period from 1 April 2013 onwards should be considered in line with the local council tax reduction scheme.
    Changes of Circumstances.

    So in your scenario, if good cause is shown, you would be able to backdate for 6 months from the date of request for working age, so would be able to go back to November in this instance but you would refuse backdated CTS from 01/04/13 as it does not form part of your scheme as per the final sentence in point 11 of the circular.

    #129328
    walmslm
    Participant

    Also bare in mind that the CTB paid from November – April is not covered by any government subsidy – your council will have to pay for it!

    #129337
    Anonymous
    Guest

    Andrea – if you are backdating CTB surely the customer therefor ehas the automatic right to transition across to CTR

    #129338
    nickkeogh
    Participant

    [quote=walmslm]Also bare in mind that the CTB paid from November – April is not covered by any government subsidy – your council will have to pay for it![/quote]

    I don’t think that this can be a consideration when deciding backdated benefit though Matthew. Going back to the old days when backdates didn’t attract 100% subsidy it was a strict requirement that subsidy implications cannot be taken into account when deciding backdate entitlement. The same should really apply in this situation.

    #129339
    Andrea Griffiths
    Participant

    Hi – That isn’t how we have interpreted the circular and the point about paying the backdated CTB and the customer then reverting to your own scheme from 1st April. Not sure how you would convince Audit when you have technically paid a backdate from Nov 12 to 31/03/13 and another backdate period from 01/04/13 to the date the claim is made when the latter period is not covered by your scheme. We have written our Discretionary Payment Policy so that we can bridge the gap where necessary.

    #129343
    Rob Hawes1
    Participant

    You wouldn’t need another backdate though. You’re just moving an existing CTB claim onto your CTS scheme, albeit a CTB claim whose entitlement was decided post April. I don’t see that as any different to dealing with a new CTB claim received in, for instance, February that you hadn’t managed to assess prior to April.

    #129345
    walmslm
    Participant

    [quote=nickkeogh][quote=walmslm]Also bare in mind that the CTB paid from November – April is not covered by any government subsidy – your council will have to pay for it![/quote]

    I don’t think that this can be a consideration when deciding backdated benefit though Matthew. Going back to the old days when backdates didn’t attract 100% subsidy it was a strict requirement that subsidy implications cannot be taken into account when deciding backdate entitlement. The same should really apply in this situation.[/quote]

    Yeah sorry I wasn’t suggesting it should be a consideration, I was more pointing out that this needs to be factored in to any budget considerations, particulary around LCTS savings. It would only take a handful of 6 month backdates received in April and you could be looking at a bill of £10,000 +

    #129398
    Julian Hobson
    Participant

    Don’t forgwet that in CTB you are not backdating entitlement. In backdating you are treating the claim as made on an earlier date. I agree that there is no difference post April between a claim received Nov 2012 that is yet to be processed and a claim made in April 2013 that is backdated to 2012 under good cause. In both cases the date the claim is treated as made and date the other is actually made could be the same and both would get the same transition rights for CTR. Once the “made” date is established you can’t draw a distinction between them.

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