Monday morning madness – Are “future” payments of CTB ever recoverable?

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  • #45866
    Anonymous
    Guest

    Morning all

     

    I ask this question because I have lost an appeal against this very decision.  Customer had a change to their circumstances resulting in their CTB entitlement reducing, which subsequently meant there was an increase to their Council Tax instalments.

     

    The customer appealed the increase to their Council Tax instalments.  A decision was submitted to HMC&TS on the grounds that the claim was revised following a change to their circumstances and that their entitlement had been correctly calculated.  The Tribunal judge has decided that the "future overpayment" as a result of the change in their circumstances is not recoverable.

     

    Have I missed something?

    #129134
    aosulliv
    Participant

    Always recoverable Reg 83(5)

    Regulation 83 Recoverable excess benefit

    #129135
    Anonymous
    Guest

    Thank you, thats what I thought but the decision made me question myself.

    I’m now going to have to go through the faff of challenging it as my request for a set aside was refused. I hoped rule 37(2)(d) of the tribunal rules might have covered it.

    It’s ok though I’ve plenty of time on my hands, this will give me something to do |(

    #129137
    dayglow
    Participant

    You may wish to refer the Tribunal to CH/0507/2006 (paras 12-13) which deals with this issue of “technical” excess benefit.

    Hope it helps.

    #129150
    Anonymous
    Guest

    Thank you. My response from HMC&TS states that I now have to request permission to appeal, so I shall include a full transcript of that case with my request.

    #130543
    Anonymous
    Guest

    Hello everyone

    I’m just reactivating this post as I’ve had an undate in the form of a statement of reasons which has really confused the matter. The statement of reasons refers the the amount of overpayment not being recoverable including the part of the CTB overpayment which is a “future/technical” CTB overpayment. However the final paragraph of the statement of reasons states..and I quote

    “It is noted that subsequent future overpayment of council tax benefit and its recoverability did not fall to be considered as part of this appeal because it occured from a date after the decision to revise the Appellant’s entitlement was determined”

    However an earlier paragraph in the SOR plus the actual decision notice from the FtT states that the whole CTB overpayment is not recoverable.

    I know it’s Friday and the clocks went back last weekend and even though it feels like December, it is really April, but I’m really confused. Am I right in thinking unless a new corrected decision notice is issued by the FtT that says the future CTB overpayment is not recoverable then I still need to go through the process of challenging this decision?

    #131686
    Anonymous
    Guest

    Hi all

    Have got an update on this one. I decided to request an appeal to the Upper Tribunal. The FtT have now decided to set aside the original decision as they believe there has been an error of law and so a new FtT hearing will be held.

    #131687
    dayglow
    Participant

    You = 🙂 😀 :bigsmile:

    FtT = :~ :O 🙁

    #131690
    Anonymous
    Guest

    Ha ha I think the poor customer will be :~ :O 🙁 too

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