Out of borough tenants and CTB

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    This borough has a few tenants placed in council accomodation (not hostels) out of borough. We pay the HB and normally advise the claimant to claim CTB in the borough in which they are actually residing.

    A case has just come up where the claimant literally has the bailiffs on her doorstep over Council Tax arrears for a neighbouring borough.

    She was a tenant of ours between Jan 2001 and Jul 2005. Due to the time that has passed it is unclear if she was told to claim CTB in the other borough.

    We all know the 52 week backdating rule but could it be argued that when she completed the form with us this was also a CTB claim in another borough?

    If we DID’NT pass on the form could this be “putting right an error” for which there is no time-limit?

    Any advice welcome please as it does seem very unfair on her even though my sympathy is muted by the fact it has taken her years to bring this up after several summonses for non-payment of Council Tax.


    Unless your LA and the neighbouring LA have each other as designated offices,(unlikely) I dont think you’d be able to say the claim for HB was also a claim for CTB with a different authority. 🙁
    A lot would depend on how the authority that was going to have to award the CTB would view things. From their point of view, the chargepayer has had bills and they presumably state that she can apply for CTB if she’s on low income and if she’d rung them – or the LA that was paying her HBt -they would have advised her to claim. If she was mis-adsvised then that is “good cause” but you are limited to the 52 week backdating limit then – its likely a claim was made (at either LA or DWP) but this has been mis-placed or mis-laid then thats NOT backdating – but its probably pushing it a bit to do that for the length of time in question. 🙄
    Could find out when she started getting bills – maybe she wasnt billed straight away and therefore thought CTB was covered with her HB??

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