when ctax liability began and when should ctb be paid from?

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  • #38104
    Z
    Participant

    Hi All

    Need help

    I have a cust who was awarded ctb, and then it was cancelled because she was made SMI by ctax april 2006.

    She had a partner move in september 2006. We added partner for hb, as she was on Is made no difference, but ctax was not amended, suppose overlooked by benefits.

    CTAX have now gone back to september 2006 and made him liable with 25% discount for SMI.

    He submitted a new claim with smi as partner.

    So there is the change from rent referral to LHA to do,

    I want to know can we go back to September 2006 to award ctb :glasses: or only from the date of claim which is 16/03/2011?

    They have got a whopping ctax bill!!!

    #107279
    Z
    Participant

    Unfortunately it was an etd from jobcentre, they had added him to her claim, so we wrote to her and she provided ID for him.

    The partner made a statement to say he was now residing with her, dont know if that could be used?

    I suppose as there was an exemption on the ctax account, they never thought to bother, benefits should have advised ctax and advised cust to claim.

    #107298
    nolan1
    Participant

    I say you could use the statement as an intention to claim, I acknowledge that others may not agree; it could even be an actual claim if the authority has not stated that such a claim need be made via their own form.

    I doubt your claimant would be stating that they did not intend to claim (should they have needed to).

    #107275
    Kevin D
    Participant

    What was the evidence that resulted in the HB change back in Sept 2006?

    Is it possible that the same evidence could / should be sufficient to count as a claim, or an intention to claim, for CTB? If a claim, you have a legitimate claim for CTB that simply hasn’t been processed (it doesn’t matter if it’s 5 years old – it would still be valid and, legally, MUST be processed). If an intention to claim, you can issue a claim form now and, so long as it was returned inside one month, a perfectly legitimate claim has been made. Bear in mind that what counts as a claim should be given a wider latitude than may have been given in the past (courtesy of “Novitskaya”).

    #107305
    Kevin D
    Participant

    Whilst liking the idea suggested by Nolan, and notwithstanding Novitskaya, there must still be some solid inkling that a claim is being made, or intended. Even in Novitskaya, the clmt did in fact indicate she wished to claim – she simply didn’t specify which benefit.

    If the clmt gave no such indication, I don’t think it can be read that she did have such an intention (barring more info/evidence coming to light). On the facts of this case, it is also unlikely that the change of circs notified to the DWP (i.e. partner inclusion) would have triggered the “new claim” questions about wanting to claim HB/CTB – those question would simply not have arisen (in the same way as most LAs don’t revisit other aspects if one aspect has changed).

    In my view, based on the info given so far, it’s difficult to see how CTB can be awarded further back than Mar 2011 (subject to 6 mth “good cause” backdating for working age, or, 3 mth “auto” backdate for pension age). However, before making the decision, I would *try* and find out what info the DWP hold, just in case there is something in its records that could help the clmt. In this case, helping the clmt would also help the LA – less CTAX arrears to chase!

    #107309
    Z
    Participant

    The statement is merely confirming that he was residing with her, so I think the benefits department should have then sent a copy to the council tax department.

    Normally when people come off council tax benefit again, and we think they are entitled again, we send them a letter advising them to claim, and pay from the Monday following we receive this statement.

    So going back to their liablity date does not seem right, but I do agree, if they were aware then concil tax benefit would have been claimed, how can they not want to claim when they are on Income supprt? But then alot of people lose out on council tax benefit.

    Seems like option 1 is LA discretion and its interpretation of claim/intention to claim
    Otion 2 is only go back 6 months from 16/03/2011.

    On the whole someone who gets Income support gets full ctb, how can they possibly afford to pay this back?

    #107310
    Kevin D
    Participant

    Unfortunately, if no intention / actual claim has been made, “option 1” is not discretionary.

    However, if the person is unable to pay, there IS discretion to write off the CTAX charge.

    #107312
    Z
    Participant

    Yes, your right, council tax have not reviewed the account for years, so there may have to write off the ctax debt, (only if pigs fly)

    Thanks for all your help, Going to try and see if I can find any inkling of a intention to claim, if not will only consider claim from 16/03/2011.

    The weather looks great – have a great weekend!!!! 🙂

    #107315
    nolan1
    Participant

    Agreed, I cannot make that “statement” into an intention…

    #107316
    Kay_Tade
    Participant

    Something in the back of my mind is telling me you could revise the previous decision to “cancel” CTB. and just reinstate previous entitlement without the need for a new claim. I’ll come back to it, today, if if I have the time, or maybe it might jog someone else’s memory?

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