CASELAW SEARCH – CLAIM WITHDRAWAL

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  • #39491
    Steve Anning
    Participant

    Hi

    I am dealing with a reasonably bizarre case, where the customer in receipt of CTB is effectively trying to APPEAL the fact that we HAVE awarded CTB and he does not want it!

    He appears to be saying that he has never “claimed” CTB following changes of address.

    It is quite difficult to decipher a lot of the letters that he has submitted as they do ramble but he seems to have issues with paying council tax, precepts etc etc.

    Bulletin G /10/ 2008 – refers to 3 commissioners decisions
    CDLA /1589 /05
    CJSA / 1332 / 2001
    CJSA / 3979 /1999

    I realise that a lot of this bulletin was to do with wanting to get onto LHA by breaking a claim but as far as I can see the case law quoted would be relevant to the case I have.

    I was looking at preparing a misconceived submission (as there was I felt no mechanism in the regs to support stopping his claim).

    However the more I read I am now not entirely sure that if what he wants is his CTB ending then we should do it!! That is why I am anxious to get hold of the above cases so that I can get see the arguments they contain.

    #112301
    Anonymous
    Guest
    #112304
    Steve Anning
    Participant

    Thanks Michael – the speedy reply is appreciated

    I’ll keep fishing – Does anyone have any views on the validity of my appellants case ?

    #112305
    Anonymous
    Guest

    I certainly wouldn’t bother with a submission. If he really doesn’t want CTB anymore, cancel the award. The only issue would be that the award cannot be withdrawn retrospectively – so if he wants you to go back to the date of the change of address maybe you should suggest that he donates whatever CTB has been paid so far to a charity of his choice 8)

    #112306
    Kay_Tade
    Participant

    Agree with Michael, quote from G10/2008.

    “Commissioners have held that it is a fundamental condition of an award of benefit that the claimant is prepared to receive payments. In other words, if a person indicates unequivocally and freely that they no longer wish to receive benefit, entitlement should cease from that point on.”

    #112399
    Steve Anning
    Participant

    Sorry I know it’s Friday.

    I thought that I had arrived at a decision on this case BUT in the course of further analysis, I would welcome any further opinion on the following:

    Scenario is as first described in the fact that this claimant wants us to consider withdrawal of his CTB claim.

    Bearing in mind the caselaw that has been quoted previously in this thread, as far as I can see any decision on the request to withdraw a CTB claim would have to be considered under CTB Reg 73 (Amendment & withdrawal of claim)which is contained within Part 8 (Claims) of the CTB Regs.

    If that is the case then am I right in thinking that this decision is not one that can be appealed anyway, as Para 2 of the Schedule to the DMA Regs excludes it? If that is the case I am wondering how did the the matter get to Commissioners / UT?? :~ Time for some Paracetamol :Sp

    #112403
    Anonymous
    Guest

    CTB Reg 73 only says you can withdraw a claim before a decision has been made on it. Once the claim is decided, it ceased to exist.

    What your claimant wants is to stop an ongoing award. There is no particular regulation for this, but it is permissable if you follow the caselaw mentioned above. I would treat it as a change in circs, the change being that he no longer wants to receive benefit. End the award from the end of the benefit week in which his request was made.

    #112404
    Steve Anning
    Participant

    Thanks (again!) Michael

    That really does make much more sense!

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