Temporary Absence & CTB

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  • #22012
    Anonymous
    Guest

    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.

    #6349
    Anonymous
    Guest

    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)

    #6350
    Kevin D
    Participant

    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

    #6351
    Anonymous
    Guest

    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.

    #6352
    Anonymous
    Guest

    why is that unfortunate 😆

    #6353
    Bobkirkpatrick
    Participant

    Why do you think it isn’t unfortunate?

    #6354
    Anonymous
    Guest

    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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