Terms & Conditions

[Sally Graham]

Claimant over 65. Non-dependant moves in November 2005, moves out January 2006 and moves back in April 2006. Would you apply the 26 week deferral period from November only or would you apply it from November and then again from April?

[Mark]

In both November and April this counts as “took up residence in the claimant’s dwelling” under HB(SPC) Reg 59(10). So the deferral applies twice.

[Anonymous]

I agree with Mark, there is no limit to the number of times the deferral can be applied to an individual non-dep, provided there are genuine periods of non-occupation between the deferral periods.

Coincidentally, I have another question on this subject…

At the site where I am working at the moment, the Northgate system is configured so you can apply the deferral to both elements of a joint HB/CTB claim, or to the individual elements. A colleague here says he has seen a situation where the deferral had to be applied to (say) HB, but not to the CTB. Unfortunately he can’t remember the details of that claim.

I cannot imagine any situation where this would be necessary – can anybody else?

[Mark]

Andy – this can happen becasue there are 6 deduction brackets in HB but only 4 in CTB. So a non-dep could have an increase in their income in May from £180 to £250 per week. This would put them into a higher deduction bracket in HB (and hence the 26 week deferral applies) but the same bracket in CTB (so no deferral there then). Now lets suppose that the same non dep then has another increase in the income in July from £250 to £290. This does put them in a higher CTB deduction bracket and so the 26 week deferral in CTB needs to start in July – even though in HB the 26 week deferral period started from May.

[Anonymous]

Ah so…now I see. Thanks for that, Mark

[Sally Graham]

Thank you for your replies – my problem case now resolved.

[Author]

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