Ending of CTB

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  • #45057
    Anonymous
    Guest

    Does the LA have a duty to notify existing CTB claimants that the scheme is ending on 31 March 2013?

    #127100
    chris harvey
    Participant

    No but it would be good practice to mention some info on the new scheme and the transition from CTB with the CTR decision notices. For those that qualify for CTB but do not qualfy for CTR (there could be loads of people depending on the severity of cuts in your CTR scheme)they should get a nil CTR decision notice to make them aware.

    #127105
    peterdelamothe
    Keymaster

    Also claimants need to know if your local rules have changed. For instance, on reporting all changes in circumstances to the LA and not DWP, on time limits and so on.

    Otherwise, if the LA tries to reduce entitlement because of a change in the future, then it is going to be tough to argue that the claimant should have known about the new rules….there has been no national publicity.

    #127122
    benwat
    Participant

    The council tax demand notice regulations require you to include in the “explanatory notes” “a general indication of the circumstances in which until 31 March 2013 a person may be entitled to council tax benefit” and “a general indication of the circumstances in which a person may be eligible for a reduction under section 13(1)(a)…”

    You might want to use this to tell claimants that CTB is being replaced by CTRS?

    #127154
    andyrichards
    Participant

    Just on Peter’s point, is there going to be any national publicity?

    Does anyone know?

    #127175
    RobBox
    Participant

    I can guess what DCLG will say……it’s a “local” scheme, so it’s down to you! :Sp

    #127176
    peterdelamothe
    Keymaster

    Yes indeed; one of the first questions I asked at the first meeting. When does the nation publicity start. Robbox must have been there as he knows the exact response….. :bigsmile:

    #127183
    RobBox
    Participant

    First meeting I went to ……..they were told they were mad and it would never work! :bigsmile:

    #127350
    asuswillo
    Participant

    [quote=chris harvey]No but it would be good practice to mention some info on the new scheme and the transition from CTB with the CTR decision notices. For those that qualify for CTB but do not qualfy for CTR (there could be loads of people depending on the severity of cuts in your CTR scheme)they should get a nil CTR decision notice to make them aware.[/quote]

    Hi Chris

    I’m assuming therefore that we do not need to send a termination letter to each CTB claimant at year-end. Please could you advise me what reg or directive allows us to do this?

    Many thanks

    #127354
    Anonymous
    Guest

    There aren’t any yet (unless I’ve missed them)

    #127384
    chris harvey
    Participant

    You don’t need any regs or directives telling us we don’t have to do something. CTB ceases to exist in law from 1st April so all its rules end at that point, including the rules relating to notifying someone when their CTB award changes.

    #127357
    asuswillo
    Participant

    OK…if anyone knows what would allow us to not notify a claimant of the termination of their CTB, please share.

    #127410
    Anonymous
    Guest

    [quote]CTB ceases to exist in law from 1st April[/quote]
    So we must assume, but there has as yet been no commencement order bringing any part of s33 of the Welfare Reform Act 2012 into force. If they forget that little formality, people will be entitled to claim CTB as well as CTR!

    The longer CTB remins legally in existence, the more you will get a sneaking suspicion that ministers have consciously left themselves an emergency backdoor out of the CTR meltdown

    #127411
    Kay_Tade
    Participant

    [quote=chris harvey]CTB ceases to exist in law from 1st April so all its rules end at that point, including the rules relating to notifying someone when their CTB award changes.[/quote]

    So what happens on the 31st of March? You still need to notify them that entitlement to CTB has ceased, regardless of the reason.

    I think not notiying them at all, leaves you open to all sorts of legal challenges.

    #127418
    nickkeogh
    Participant

    What about inserting a paragraph in the CTRS entitlement letters relating to the end of CTB?

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