End of CT Exemption and date of claim

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    M Cairns

    Date of claim for CTB purposes.

    Customer submits a claim for HB/CTB 23052005 at which time she is exempt as considered to be SMI, unfortunatley the review of the exemption is delayed until June 2011 when it is decided that the property is no longer exempt from April 2010 due to the fact that her mental health has improved and she is no longer receiving the appropriate benefit.

    A calculation for CTB has never been processed due to full exemption.

    Query re CT arrears and invitation to claim made, claim form now completed and received and can be awarded from April 2011.

    Consequently no claim for period April 2010 to March 2011, question is does she have a legitimate previous claim in place as no actual nil decision made, or termination made or any reference at all to CTB entitlement on notification.

    I am probably clutching at straws but customer has 8 dependants and serious financial problems.

    Someone may be able to direct me to an earlier link on the same topic.


    Not clutching at straws at all – you can make a decision on that undecided CTB claim taking into account circumstances throughout the six years down to the date of the decision: so the decision will be that there is no entitlement until 2010, then there is entitlement.

    M Cairns

    Thanks Peter the more I thought about it I realised we had never made a decision in the first place of nil or termination so we still have a valid claim.


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