Welfare Rights Officer, Nottingham City Council Member since 30th Mar 2004
Council Tax Benefit Wed 22-Sep-04 02:47 PM
I have a client who was in receipt of maximum CTB in Sept/03. A change of circs occurred in Jul/04 whereby he was assessed for IDB at 100% therefore his income changed. Although CT section had been informed several times no action had been taken until now. My client has now been presented with a CT bill for a full year payment which includes overpayment for period Sep/03-Jul/03. Can anyone advise me further with this??
Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London Member since 22nd Jan 2004
RE: Council Tax Benefit Wed 22-Sep-04 03:52 PM
I would argue that they can not recover an overpayment via the CT bill until the overpayment or to use the statutory language, excess benefit has been notified and appeal rights given.
The Council has no right to recover until this is done and in any case you will be able to argue that the overpayment is an official error and would only be recoverable if at the time of the payment you client could reaonably be expected to know it was an overpayment
Welfare Rights Officer Salford City Council, Salford Welfare Rights Service, Salford Member since 11th Feb 2004
RE: Council Tax Benefit Thu 23-Sep-04 08:08 AM
Whilst I think stainsby is right one reason this often happens is that some software used by local authorities will automatically recover excess benefit by issuing a new council tax bill whenever an excess benefit decision is made qand claimants usually get the bill first. There are at least two authorities in Greater Manchester who insist they are powerless to do anything to stop these machines. It is just like the film "I, Robot". What we need is Will Smith to come and blow up local authority computers and save us all.
Does anyone know of any local authority which has a computer system which is capable of performing the functions necessary to administer housing and council tax benefit and doesn't run wild and try to take over the world?
Welfare Rights Officer, Stockport Advice Member since 09th Sep 2004
RE: Council Tax Benefit Fri 24-Sep-04 01:50 PM
Not enough information .... I assume you are referring to Industrial Injuries Disablement Benefit IIDB. Was the decision in July 04 to award from July 04 or was it to award retrospectively from October 03? Whe you say the CT section was informed do you mean the CTB section? Did the client inform them himself/herself? Has he/she had a CTB overpayment decision? Has he/she not been overpaid for the period July 04 to Septmeber 04 also?
Welfare Rights Officer, Nottingham City Council Member since 30th Mar 2004
RE: Council Tax Benefit Mon 27-Sep-04 10:55 AM
You assume correct. IIDB awarded retrospectively from July 03. I passed this info onto the CTB dept and the pension service. The overpayments of PC were eventually taken from IDB arrears. However, the CTB decision notice has not mentioned the overpayment but CT billing section has shown benefit overpayment for period Sep/03-Jul/04 only.