CTB overpayment: no liability

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  • #38734
    jmosavat1
    Participant

    CTB was paid and now CTax have decided, after making enquiries, it should be someone else who should be liable so ceased off and OP created. Anyone know of a Comms that fits this? I’ve heard there is one but can’t find it. Thanks.

    #109417
    Anonymous
    Guest

    If the Ctax dept have decided that the clt shouldn’t have been liable then the clt won’t be charged Ctax. This means that there won’t be an OP at all as the debit of the OP will offset against the Credit of not being charged.

    Or have I missed something?

    #109418
    jmosavat1
    Participant

    Hi Martin,
    yes indeed the credit from closing the account effectively offsets against OP but the clmt has still appealed OP (despite me telling her that). She thinks she should be liable for ctax and therefore CTB. Ctax say no as owner daughter is resident. But at the end of the day she still has an OP of CTB.
    Make sense?
    Thanks

    #109419
    Anonymous
    Guest

    Ahh, one of **those** type of claimants!

    I would just send it to Tribunal asking for it to be struck out.

    #109420
    Kay_Tade
    Participant

    Is this not more a Valuation Tribunal appeal?

    #109422
    jmosavat1
    Participant

    I’ve sent the ctax element to the ctax dept but she is appealing the CTB decision as well.

    #109423
    Anonymous
    Guest

    What are her actual grounds of appeal?

    #109424
    jmosavat1
    Participant

    Clmt says I should be liable and therefore entitled to CTB and haven’t been overpaid. I agree that I could submit as no reasonable prospect of success but I still wanted the Comms as I think it may say if no liability then not OP of CTB but I am not sure. Ctax have written to her saying due to hierarchy no liability. Clmt gets IS so wants max CTB whereas daughter is working (as a solicitor!!!!)

    #109425
    Kay_Tade
    Participant

    [quote=jmosavat1]Ctax have written to her saying due to hierarchy no liability. Clmt gets IS so wants max CTB whereas daughter is working (as a solicitor!!!!)[/quote] Thought so, not being cynical, me. 0:)

    I’d just sent it off with very straightforward, “no liability no overpayment”, sub. Let the valuation tribunal deal with liability issue, if it changes, and I don’t think so, you can always revisit.

    #109426
    Anonymous
    Guest

    I agree with Kay.

    #109427
    jmosavat1
    Participant

    There is an OP as ceased back to Apr 09 and Ctax only just decided not liable. Am I being a bit stupid here?

    #109428
    Anonymous
    Guest

    Sorry, but not sure what your question is?

    #109429
    Kay_Tade
    Participant

    I don’t think so, you are clearly worrid about the liability, the O/P is not real so it’s not a big deal. The CTB tribunal have no jurisdiction over ctax so they can’t say anything, based on the facts, other than that there is no o/p. Assuming liability changed from Apr 09 as well.

    #109431
    Kevin D
    Participant

    Two observations on different aspects:

    1) could the correct chargepayer be entitled to 2AR?

    2) be prepared for a dozy FtT Judge to demand the LA proves that matters relating to the determination of CTAX hierachy are not within the jurisdiction of the Social Entitlement Chamber of the FtT. In support of this, I’d be inclined to cite Article 6 of “The First-tier Tribunal and Upper Tribunal (Chambers) Order 2010” {SI 2010/2655} which provides for what shall be assigned to the SEC of the FtT (CTAX isn’t one of the assigned functions). It may be handy to find the equivalent for the provisions that assign CTAX matters to the Valuation Tribunal route.

    Chambers Order 2010: http://www.dwp.gov.uk/docs/a1-6171.pdf

    NB: The 2010 Order took effect from 29 Nov 2010; entirely revoking “The First-tier Tribunal and Upper Tribunal (Chambers) Order 2008” {SI 2008/2684}.

    #109433
    jmosavat1
    Participant

    Thanks Kevin for your help. In respect of CTB OP we only recently ceased back to April 09 so OP exists from April 09 up Sunday following decision date. I was advised that there was a Comms decision on excess benefit when no liability but I havent found it.

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