I have a current case in which the HB claimant informed the TCO that his 17 year old son had left the household and he did not believe he was still entitled to CTC. CTC continued for several more months and the income was taken into account for HB and CTB purposes.

I have found caselaw on a similar issue for WTC when an IS/JSA claimant has informed TCO that they have stopped working but payments have continued. In these cases, the IS or JSA entitlement should not include any WTC as income if the claimant has informed the TCO that payments should cease.

Is anyone aware of any similar caselaw that would help my client argue that the overpaid CTC should not be included as income because he informed the TCO that he was no longer entitled.

Any assistance is much appreciated.

Steve Connell

The only caselaw I am aware of is CH/1450/2005 which I am afraid does not support your case.

Jeff