Hello All,

Is anyone aware of any guidance to LA's regarding being summonsed for arrears of council tax when these are linked to an outstanding appeal against overpayment recovery of HB?

Thanks!

Have a look here:

http://www.dwp.gov.uk/housingbenefit/manuals/overpay/op-guide-amd2.pdf

relevant section starts at para 4.390

Clearly says no court action should be taken on HB overpayments pending an appeal, but doesn't seem to say anything about CTB. I can't see why the same shouldn't apply, and our local authority can always be persuaded not to issue a summons if there is an appeal outstanding (although you do have to ask them not to), but the guidance doesn't seem to actually tell LAs not to take enforcement action.

This is an extract from a report summary available on the local government ombudsman's website that may be useful -

Northampton Borough Council (05/B/16773): Maladministration causing injustice

'Northampton Borough Council wrongly took repossession action through the courts and instructed bailiffs to collect council tax arrears from a woman while her benefits entitlement was unresolved. The Ombudsman upheld the woman's complaints, saying they highlighted 'serious failings in the Council's administration of housing and council tax benefit and in the recovery of rent and council tax arrears.' He welcomed the Council's agreement to his proposed remedy, and its commitment to improve its procedures to avoid the recurrence of these failings.

'Ms Adams' (not her real name) complained about the Council’s handling of her housing and council tax benefit claims between November 2004 and March 2006. She said that the Council:

delayed excessively in processing benefit claims and appeals; and
pursued recovery of rent and council tax arrears while benefit claims and appeals were outstanding - in particular, taking repossession action through the county court, and instructing bailiffs to collect council tax arrears while benefit entitlement was unresolved.'

http://www.lgo.org.uk/benefits.htm

Thanks for your replies - I was anticipating a battle with our LA but the head of the LA revenue Team agreed to withdraw the summons and was generally very helpful - perhaps I'm just getting too jaded...