One Strike Sanction for CTB

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  • #39289
    vpowles
    Participant

    Has anyone out there applied a CTB one strike sanction yet?

    We’ve had our first few cases and I’m just trying to get my head round a couple of issues and I’m getting nowhere (but it is Friday though so my brain is not working so well today!)

    The scenario is :

    CTB current entitlement is £14.73 per week

    40% sanction is £27.00 per week

    I know I have to create a manual overpayment on Northgate but I don’t know whether to create a sanction based on 4 weeks of £14.73 or based on the full rate of £27.00 which will not only take them out of qualifying but leave a negative adjustment on their council tax account. My instinct tells me that I should just be zeroing their entitlement rather than applying the full sanction……

    So that’s my first problem (Yes, there’s more!!).

    My second problem is which-ever way I do it, the customer will stop qualifying for CTB for four weeks. So, should I just cancel their CTB down from the start of the sanction period and then write to them and invite them to re-apply at the end of the four week period? Or can I just take them out of qualifying for four weeks and leave their CTB running?

    I may well just be making this more complicated than it needs to be so I would be really grateful for any opinions that would make my life a bit easier! 😉

    #111616
    paul southam
    Participant

    We use the same pay period as the HB period, the first one after the sanction date, even in CTB only claims. So if sanction date is say 1/9/11 our next schedule period is 26/9/11-23/10/11, that is the OP period.

    If the sanction means no entitlement we cancel, in the above scenario 25/9/11, and send new claim form to be completed to re-claim from 24/10/11.

    If you are doing it manually you would raise OP of £14.73 x 4 but i would cancel.

    If for some reason its a past period, you could do Closed Period Supersession?

    #111617
    walmslm
    Participant

    I don’t think the customer needs to re-apply for HB/CTB. You are simply applying a sanction on their benefit, you are not saying they are no longer entitled to HB/CTB for the period in question.

    #111632
    vpowles
    Participant

    Thanks for your comments guys, most helpful, at least i’m thinking along the right lines!

    Re the issue of closing HB/CTB down, the circular I am looking at (A17/2010) actually mentions that normal closure action needs to be taken if a sanction stops entitlement to HB/CTB. I would prefer just to take them out of qualifying just for the period of the sanction but I can’t see anyway around it other than cancelling their award and inviting them to re-apply.

    #111633
    paul southam
    Participant

    we definitely cancel and invite re-application, and we did clarify this with DWP when it first came in

    #111643
    vpowles
    Participant

    thanks paul, I think that’s the option i’m going to go for. It’s not what i’d want to do in an ideal world but it does seem to be the only choice!

    #111659
    Anonymous
    Guest

    Paul,

    Have you had many that are for previous periods?

    Pretty much everyone i have received is months out of date- i’m finding it difficult to contemplate forcing someone to complete another form.

    When you contacted the DWP did they say anything about closed period supersession?

    Thanks
    Stuart

    #111665
    paul southam
    Participant

    we’ve only had one for a previous period, and that was due to the fact that we had to keep hold of the FPA7 as we needed proof of the claimant’s changes in income, before we could calc the OP needed to see if manual or cancellation.

    So for that one, as it was past, we just treated it as CPS as per normal rules, as stated in the circular.

    Most of our claims remain on HB but their CTB cancels, and in those cases a telephone confirmation is good enough to get a claim back on.

    If your claimants are reluctant to complete a new form there isnt much you can do, especially when the reason for cancelling is due to one strike.

    #111667
    Anonymous
    Guest

    In A17/2010 point 28 seems to indicate they can remain entitled even if no payability by meeting eligibility criteria, point 39 seems to refer to there entitlement ending. I haven’t been requesting claim forms for these as they are eligible for HB in order for me to be able to reduce it otherwise no sanction would be applicable?

    We also haven’t been actioning one strikes that are for previous periods as it states to treat as LA error, we have been actioning them on the day they arrive but sometimes the sanction is going back a couple of months, I don’t agree this is LA error as we wouldn’t have known we were overpaying & if treated as official error we wouldn’t recover from clmt anyway as how could they have realised they were being overpaid if we didn’t?

    I’m still not much wiser on these cases or the point of them I’m sure they cost more to administer than the government saves but I suppose it’s the ‘principle!’

    #111668
    Anonymous
    Guest

    [quote=Subskate]We also haven’t been actioning one strikes that are for previous periods as it states to treat as LA error, we have been actioning them on the day they arrive but sometimes the sanction is going back a couple of months, I don’t agree this is LA error as we wouldn’t have known we were overpaying & if treated as official error we wouldn’t recover from clmt anyway as how could they have realised they were being overpaid if we didn’t?[/quote]

    How do you mean we haven’t been actioning them?

    I totally agree with your point about the circular and what it says about LA error etc… but surely the overpayment must still be created otherwise you have had a piece of information for hich you have taken no action with?

    Is there any scope for the delay being DWP error?

    #111670
    Anonymous
    Guest

    All I know is a decision was made to only action one strikes for current & future period because we couldn’t recover anything from a past period from the claimant so you are not really sanctioning them & as you would be raising a manual debit just to write it off.

    At the time of this meeting I was snowed under with the final claim & didn’t have a lot of time to debate this point. I said I would action one-strikes as they came in & have been just archiving ones that are out of time.

    I have re-read A17/2010 today & agree that you should action the onestrike but I know a lot of authorities haven’t been doing any one strikes at all because DWP have been failing to clarify how these cases are calculated.

    So when I say ‘we’ I mean ‘I’ but it was ‘we’ in the sense that this was the decision our managers made.

    Hope this makes sense as I’m confused! :~

    #111703
    Anonymous
    Guest

    I agree- we are in the same boat.

    We haven’t applied any yet- but the information that we are receiving from the DWP is poor and regularly months out of date.

    Its good to know that i’m not the only one thats confused! 🙂

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