We're waiting for a written decision following telephone contact from the CTB department - I thought I'd try to be prepared!

We offer second tier advice and an adviser rang with this query.

A woman over 65 years is temporarily in a care home. After a month in hospital she went into a care home as her own home is unsuitable (stairs and no downstairs loo). She is planning to sell her home and buy a bungalow and will stay in the care home (with social services funding)until a suitable property is available.

The adviser realised the woman could have been getting CTB and PCsc over the last year and put in claims asking for 12 months backdating. However, CTB have said at the time of claim the house is not her sole or main residence and therefore she's not entitled even though she would have been entitled had she made a claim whilst still at home.

The house is now exempt from CT as the woman is in a care home.

So! If the woman was planning to return to her home I guess (hopefully an informed guess!) there'd be no problem. But because she's planning to move there is a problem. Can this be right?

Liz

I would argue that if CTAX have deemed her to be liable for CTAX for the period, then she must have been resident and so she is entitled to CTB.

The issue of planning to return should not be relevant for CTB. You may find some mileage in CH2111/2003 where Commissioner Fellner considers the issue of residence

I think it will depend upon when the "decision" is made.
If prior to 4th April 2005, CH 2111 2003 will be of considerable help, but if after it will fall under the HB and CTB (Miscellaneous Amendments) (No2) Regs 2005.

The decision will have to be made in the light of the new version of Regs 4B and 4C which, in the words of the DWP, puts the policy intention beyond doubt.

Are you saying that the amended Regs have retrospecitve effect?