Terms & Conditions

[Anonymous]

Can I just clarify with someone that if a pensioner claiming CTB is absent from home for a period more than 13 weeks, I can continue to pay CTB as there is still a CT liability.

I know there was a recent CD that separated the old HB reg 5 (now reg 7 I believe?) from the CTB equivilant.

If I have got this completely wrong, can someone point me to the new CTB reg?

Thank you so much.

[Anonymous]

Whilst I cannot remember the exact CD (and I’m sure others will be able to post that), the CD relied on the relationship of the CTB regs to the wording of the primary regs, the Council Tax legislation, and it did mean that you could continue to pay CTB after 13 weeks absence where you are of the opinion that the home remains the normal home of the person concerned.

I’m not sure that CTB regs have been amended, but if so it is in the new regs. (it was just a ruling meaning a different interpretation). 8)

[Kevin D]

The CD in question [[b:9a46fbc753]R(H) 04/05 – CH/2111/2003[/b:9a46fbc753]] no longer applies – the DWP changed the regs to reflect the original intention.

[b:9a46fbc753]CTBR 8[/b:9a46fbc753] (new) applies – absence for CTB purposes is independent of CTAX liability.

new.hbinfo.org.com/menu2/pcctbregs06/008_06pc.shtml

Regards

[Anonymous]

Yes, you are correct – thanks for that, I have just found the new Reg 8 (3) of the CTB regs.

I can’t continue to pay unfortunately.

Thanks again for your help.

[Anonymous]

why is that unfortunate 😆

[Bobkirkpatrick]

Why do you think it isn’t unfortunate?

[Anonymous]

Sorry, but it doesn’t start getting to me!! 🙄 😈
Though it may be to you? 😉 8)

Pensioners are not “getting away with an awful lot”, we are just applying the regs as they stand. And it is a very subjective comment – after all, we’re all going to be pensioners one day….if we survive that long! 😉
If you don’t like it, you could always stand for election, which would surely be the place to air those views. (p.s. I did…and lost!) 🙄 :19: :19:

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