My client is 67. She started looking after her 2 grandchildren at end Jan. She put in a claim for all relevant benefits straight away and filled in all forms with information about the other claims being made. She has a private pension which takes her over Pension Credit levels.

She came in yesterday with notice of a backdated Council Tax Benefit claim all the way to Jan 07 - claim assessed 4/4/08. The award includes the children and Child Benefit from the day they moved in but not any CTC.
She has now just been notified that she has just been paid £850 backdated Child Tax Credit with weekly payments to be made from next week.

Has she been overpaid Council Tax Benefit from end Jan?. The law appears to say no as arrears of CTC ignored but that feels wrong.

CTC is not taken into account for CTB - it's invisable like AA & DLA - therefore the applicable amount in the calc will look like this:-

Applicable Amount

Personal Allowance 143.80
Family Premium 16.75
Child 52.59
Child 52.59
______
Applicable Amount 265.73

If the total comes to less than the invcome, then max CTB is payable from the date of the claim which includes the two children.

Thank you - that had passed me by totally as we rarely have such circumstances. It just goes to show that you can always learn more.

Mike Page 864 of Welfare Rights Handbook

....whats it say my 'ansome, cos some toe rag has borrowed my copy methinks, or it's propping something up.....

......."If the total comes to less than the income"......

methinks that should read t'other way round in order to make a tad of commonsense....