CTB abolished

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  • #45885
    Anonymous
    Guest

    Well, I have just lost a small bet I made with myself: it looks like there will be no last-minute climbdown, the WRA commencement order abolishing CTB from 1/4/13 has now been made:

     

    http://www.legislation.gov.uk/uksi/2013/358/contents/made

     

    Note the transitional and savings provisions: CTB still exists after 1/4/13 to the extent necessary for decisions to be made or revised or appealed in relation to periods before 1/4/13, and there is specific provision for subsidy to be payable on any CTB allowed after 1/4/13 in respect of a period before that date.

    I think that makes it futile and unnecessary for Councils to do any of the things that have been suggested on here recently like deliberately not processing changes of circumstance before 1 April.      

    #129200
    LouP
    Participant

    Interesting. Will have to revise my CTR presentation now as I have been including a sob story about not getting subsidy on CTB paid after 1.4.13!

    #129201
    chris harvey
    Participant

    Yet the DWP have told us there will be no CTB subsidy claim for 2013/14 and instructed us to leave the CTB initial estimate cells blank on the estimates submitted last week?

    #129202
    Anonymous
    Guest

    I told you, there’s nobody there any more 😀

    #129209
    Anonymous
    Guest

    I suppose it’s possible that subsidy will only be paid in respect of expenditure made before 1/4/13, and it was still necessary to include the saving provision for that reason, but you would think that some sort of adjustment to reflect actions carried out after 1/4/13 would be sensible – the Order allows that if DWP wants to do it.

    #129225
    Julian Hobson
    Participant

    i think you were right first time peter – the savings provision doesn’t appear to end CTB subsidy it saves it. I can’t imagine DWP intended it to be this way but it is !

    #129231
    Anonymous
    Guest

    Just reading HB/CTB A4/2013

    Difficult to understand all their jargon but it looks like even pensioners will not be able to “claim” CTR via a LACI. I was always under the impression that they would be able to stil. Am I wrong there?

    #129233
    peterdelamothe
    Keymaster

    Chris…why? It is still a Council Tax discount for pensioners…..

    #129236
    Anonymous
    Guest

    Yes, I realise that but I thought that DWP were making special arrangements for pensioners because a)it’s a national scheme for them and b)they’re pensioners and can’t cope with technology. Must have dreamed that then

    #129237
    peterdelamothe
    Keymaster

    Its still a local scheme for pensioners with prescribed requirements (in efect)..and remember ONLY in England. So not really a national scheme at all….

    #129240
    RobBox
    Participant

    It’s like throwing away your lap-top and getting the old manual typewriter back out….slick. :((

    #129389
    Steve Anning
    Participant

    [quote=Peter Barker]

    Well, I have just lost a small bet I made with myself: it looks like there will be no last-minute climbdown, the WRA commencement order abolishing CTB from 1/4/13 has now been made:

     

    http://www.legislation.gov.uk/uksi/2013/358/contents/made

     

    Note the transitional and savings provisions: CTB still exists after 1/4/13 to the extent necessary for decisions to be made or revised or appealed in relation to periods before 1/4/13, and there is specific provision for subsidy to be payable on any CTB allowed after 1/4/13 in respect of a period before that date.

    I think that makes it futile and unnecessary for Councils to do any of the things that have been suggested on here recently like deliberately not processing changes of circumstance before 1 April.      

    [/quote]

    Peter (anyone?)

    Could you point me to the provision in The Welfare Reform Act 2012 (Commencement No.8 and Savings and Transitional Provisions) Order 2013 relating to the subsidy issue after 01.04.13? I have had a look and can’t seem to id the part that you are referring to?

    #129391
    Anonymous
    Guest

    Reg 9:

    9. Notwithstanding the coming into force of Part 1 of Schedule 14 to the 2012 Act under article 8(c), the provisions specified in Schedule 4 to this Order and any regulations or orders made under them continue to have effect for any of the following matters [b]arising on or after 1st April 2013 that relate to council tax benefit before 1st April 2013[/b]— (my emphasis)

    (f)the payment of subsidy in respect of council tax benefit [b]for[/b] years up to and including the year ending 31st March 2013.

    A natural reading of this is that subsidy will be payable on any CTB expenditure [i]in respect of[/i] 2012/13

    #129397
    Steve Anning
    Participant

    Thanks Peter – must have gone temporarily blind!!

    Now on reading it, your logic seems to have some credence! Could be interesting….

    #129700
    LouP
    Participant

    Resurrecting this.

    If we assume that DWP will continue to pay CTB subsidy for awards made post 1.4.13, has anyone had information from their software provider as to whether the required information will still be collected and transmitted to DWP after 1.4.13?

    I am awaiting a reply from Capita as it appears from the documents I have seen that they have removed the elements of the SHBE reportig relating to CTB from 1.4.13 so presumably even if we could still claim subsidy, there will be nothing gathered within the processing system that enables us to make such a claim.

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