Excess CTB Recovery

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  • #23203
    Lisa_Fuller
    Participant

    Hi

    Can someone point me in the right direction here? I am looking for the Legislation that allows LA’s to recover excess CTB which has been added to a persons C/Tax liability and the claimant dies – leaving a surviving partner.

    example
    claimant in receipt of CTB. Excess CTB created = £500.00 and is added to the C/Tax account which she is jointly liable for with her husband.

    In HB – If the claimant subsequently dies, we have to cease recovery from the partner.

    In CTB – If only £100.00 has been paid, are we allowed to hold the surviving partner responsible for the remaining £400.00. If so, where can I find this in the Regs – I have looked at all the ones relating to recovery of excess CTB.

    Thanks

    #11460
    markp
    Participant

    Do you recover via a debit to the account? If so any OP outstanding at point of death would be the responsibilty of the executors and this may be the surviving partner.

    This would be the position re outstanding arrears on the account as liability would end then (unless it is a joint and several liability and the deceased is not the primary responsible person).

    An OP on death , if the primary liable person were the deceased, would be offset against the reduction in liability and so would not, in reality, be payable by the executors. I therefore have assumed, in this reply, that the OP to which you refer was a previously calculated OP that they deceased was paying via CT instalments and there were arrears on the account.

    Do I know what I'm doing? The jury's out on that........................

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