ONGOING HB BUT NO CTB

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  • #20366
    andytout
    Participant

    MORNING ALL COULD SOMEONE GIVE GUIDANCE ON THE FOLLOWING

    A PENSIONER QUALIFIES FOR HB SINCE OCT03 BUT NO ENT TO CTB, BUT SINCE APPLICABLE AMOUNTS CHANGED IN APR04 HE WOULD HAVE BEEN ENTITLED TO SOME CTB. DOING MANUAL CALC. CAN WE ASSESS FROM APRIL 2004 OR WILL AN APPLICATION FORM BE REQUIRED TO ASSESS THE COUNCIL TAX BENEFIT 💡 .

    #2839
    Anonymous
    Guest

    As, at the time of the assessment you should have refused the claim for CTB, I think you need the person to make a new claim. Whether you need an application form, or just a letter will be up to you – (after all, you already have all the info), or you could use it as an opportunity to use the new 3 page a/f from the pensions service. You will be able to go back 12 months with this as per HB / CTB 60+ regs.

    However, I feel that if you did not inform the gent that no CTB, then his claim has never been decided, and you would be able to make a decision based on information from April 2004. 8)

    #2840
    Mark
    Participant

    I mostly agree with Jon. You need to get him to claim CTB straight away because you will only be able to go back 12 months from when he claims it. But this doesn’t have to be a claim form – a written statement saying he wants CTB will suffice under CTB Reg 62(1) (The bit about “such written form as is sufficient” covers it).

    I don’t agree though that the situation is any different if you haven’t decided the original CTB claim made in Oct 03. This is because you would have to call the Oct 03 claim an advance claim – and you can only claim up to 17 weeks in advance of entitlement (CTB Reg 62(12A).

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