My client's income was such that he's had an award of HB but no CTB. He's just turned 25 so his personal allowance has increased. Is it right that he now has to make a new claim for CTB? Seems a bit stupid to me.

Thanks
Sue

The HB and CtB claim form is one and the same - well it is in my neck of the woods - what has probably happened is that the assessor has failed to post across to CT billing the benefit award - it happens here once in a blue moon or two...

Child Support, Pensions and Social Security Act 2000

Schedule 7

2. Decisions on claims for benefit.

Where at any time a claim for housing benefit or council tax benefit is decided by a relevant authority-

(a) the claim shall not be regarded as subsisting after that time; and
(b) accordingly, the claimant shall not (without making a further claim) be entitled to the benefit on the basis of circumstances not obtaining at that time.

The LA is correct. HB and CTB are two seperate benefits and if the claimant only qualified for HB at the time of her initial application, she would have to re-apply if her circumstances changed and she subsequently became entitled to CTB.

And yes, it is stupid. As the LA has some discretion over what form an application takes, they may simply accept a letter from your claimant that simply states 'I want to claim Council Tax Benefit'.

Was your client receiving both HB & CTB before the change of circs - is he getting full HB now ...?

not full HB Mike but it has increased from the amount he was getting before he was 25.

In April he was getting both - HB of £8+ and CTB of .39p. I've just spoken to LA over the phone to ask why they've sent out a claim form and they say he's not had any entitlement to CTB since his income slightly increased - his IB to the short term higher rate and slight increase in his CTC (that's another story - o/p as he didn't tell them they'd both increased with annual uprating as he thought they'd know).

Now he's a big lad of 25 he's entitled to a higher award of HB and is again entitled to CTB but will get the latter only if he completes the HB/CTB form.

This is a case where he is a (50/50 shared) lone parent but doesn't have child addition/family premium in his HB/CTB as he gets the CTC but not the CHB.

This is only the half of it. There's been one balls up after another with his claims, he's had an award of DHP which has never been paid, threats of liability orders, possession proceedings etc etc. This poor bloke's really been through the wringers.

I'm beginning to have even more sympathy with Fathers for Justice. I'd be doing a bit more than thinking about leaping through windows into HRH's bed with my tights on.

Nuts as it is, St Albans is correct.

HB/CTB remain two entirely separate benefits throughout, even where a single dual purpose claim form is used.

OK thanks all. I'd just never come across the situation before

...CTC.... well that would of course make a difference as would of course the increase in IB....St Albans is therefore correct...