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Top Housing Benefit & Council Tax Benefit topic #3285

Subject: "CTB arrears" First topic | Last topic
suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

CTB arrears
Thu 18-May-06 08:38 AM

We recently applied for backdated CTB and PC for client. LA just verbally advised me full CTB for this year and he's been credited last years benefit - cheque on it's way. However PS are still processing PC claim but my calcs show no entitlement to GPC but SPC only which will then take him over his app amount for full CTB. Does this mean there will be an overpayment of CTB due to PS backdating any SPC or is it different for pensioners? My client was very reluctant to make claim due to a NDD overpayment couple of years ago and this is going to put him off claiming anything ever again (even though he is much better off now). That's another thing - I know there's no NDD if on PC but client wasn't at time but should have been. Any way round this?

  

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Replies to this topic
RE: CTB arrears, nevip, 18th May 2006, #1
RE: CTB arrears, suelees, 18th May 2006, #2
RE: CTB arrears, Duncan, 18th May 2006, #3
RE: CTB arrears, suelees, 18th May 2006, #4

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: CTB arrears
Thu 18-May-06 09:34 AM

I wouldn't worry. For a single person 65 or over the maximum savings credit goes into the applicable amount so that it becomes £125.90 instead of £109.45 ( and correspondingly for couples).

  

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suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

RE: CTB arrears
Thu 18-May-06 10:08 AM

I did the calcs based on couple rate of £197.65 but it'll still be over app am for CTB as he has a pit pension.

  

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Duncan
                              

Welfare Rights Adviser, Luton RIGHTS, Luton, Bedfordshire.
Member since
09th May 2006

RE: CTB arrears
Thu 18-May-06 12:25 PM

Housing Benefit can only recove overpayment if they can show the claiment failed to notify them as soon as possible of the award of savings pension credit. Your client can not tell HB about the PC award untill the award letter arrives. HB will adjust from the date they are told of the savings credit but they have no grounds to claw backdated overpayment back.

  

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suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

RE: CTB arrears
Thu 18-May-06 01:07 PM

Good, thanks. I originally thought about asking LA to defer sending out the cheque for arrears of CTB they owe but I'll wait to see what happens. I just have a feeling that once they know about the SPC they'll be writing to client to claw back which will cause a lot of anxiety.

  

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Top Housing Benefit & Council Tax Benefit topic #3285First topic | Last topic