In a neighbouring authority my client's council tax benefit was suspended after they found out she had come off income support a month earlier. The authority said benefit was suspended from the date her IS ended. They asked for info on her circumstances at the time they suspended.She replied but three weeks later they asked for further info, also stating in the same letter that they had reinstated her council tax benefit from a date prior to the date they suspended benefit but later than the date the suspension took effect from (because she had sucessfully claimed IS again but left a 3 week gap in entitlement). She responded to the first request but not the second. Two months after they had initially suspended benefit they terminated her benefit for the missing period. This authority says they pay all council tax benefit at the beginning of the financial year, so if it stops for any reason during the year the Ctax for the remainder of the year is recovered as an overpayment.

I'm not sure I've properly got to grips with suspension and termination but since it is suspension of payment can a payment that has already been made be suspended? Do they need to do a revision or supersession to be able to recover any overpayment?

"Suspension" is simply an administration issue once CTB has actually been allowed. It also doesn't make much difference in the circumstances set out above. What counts is that CTB was actually allowed and, in part, appears to have been overpaid.

Right, a couple of issues.....

In order to decide there is nil entitlement, there must be a revision or supersession. Based on the info stated, it seems that the LA has decided (supersession) there is no entitlement for the "gap" period. However, it is not enough to say "nil ent because your IS/JSA(IB)/PC(G) ended" - the LA can only supersede (or revise) based on the claimant's circumstances. If the LA considers the clmt has not provided sufficient info/evidence about their new circumstances, it can rely on an "adverse inference" (i.e. make assumptions about a clmt's circumstances, even to the extent of assuming there is no entitlement).

Just a quiet note of caution.... There is another issue your post raises. IF it transpires that there is a legitimate "gap" in CTB entitlement, the "old" claim MUST end and a NEW claim is required. Without a new claim, following a period of nil entitlement, the LA has no legal basis on which to make a new award . On the other hand, it could be the LA has accepted some written correspondence as being sufficient to count as a new claim (or maybe a new HCTB1 was completed when your client reclaimed IS).

Hope the above helps to clear some fog.

Regards

Suspension can only take place from the date the action to suspend is taken, not from some earlier date.

If CTB is suspended, there is no recoverable excess benefit at that point, because once allowed, benefit can only be recovered if a valid revision or supersession has taken place (see CTB Regs 83 and 84).

The LA must also deduct sums properly payable under CTB Reg 90 when calculating the amount of any recoverable excess benefit