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Top Housing Benefit & Council Tax Benefit topic #9213

Subject: "council tax overpayment recovery" First topic | Last topic
Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

council tax overpayment recovery
Wed 28-Apr-10 12:29 PM

I'm assisting a client with an appeal regarding an overpayment of CTB.

The council are pursuing enforcement action for the 'arrears' even though an appeal is outstanding.

Is anyone aware of any guidance (including LGO reports) that might assist us in persuading the council to stop recovery action.

Thanks,

  

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Replies to this topic
RE: council tax overpayment recovery, Cathy Wells, 29th Apr 2010, #1
RE: council tax overpayment recovery, Neil Bateman, 30th Apr 2010, #2
      RE: council tax overpayment recovery, jj, 30th Apr 2010, #3
           RE: council tax overpayment recovery, Tony Bowman, 30th Apr 2010, #4

Cathy Wells
                              

Advice Worker (Welfare Benefits and Debt), Agnes Smith Advice Centre, Oxford
Member since
20th Apr 2010

RE: council tax overpayment recovery
Thu 29-Apr-10 03:58 PM

Hi Tony,
HB/CTB Overpayments Guide paras 4.07 and 6.25 and HB/CTB circular A13/2006 state that overpayments should not be recovered while under appeal; http://www.lgo.org.uk/complaint-outcomes/benefits/benefits-archive/northampton-borough-council-05b16773/ covers enforcement of CT debts while benefit issues and appeals were unresolved.

Hope this helps : )

  

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Neil Bateman
                              

Welfare rights consultant, www.neilbateman.co.uk
Member since
24th Jan 2004

RE: council tax overpayment recovery
Fri 30-Apr-10 09:30 AM

Am having the same problem with Haringey Council who (clearly incorrectly) say that the DWP guidance does not apply to CTB and only applies to HB!

Also see paragraphs 40-41 of CH/1757/2009. Other caselaw on recovery suspension include: R(SB)5/91 and CIS/2654/1999 at para 15.

Aside from any legal and fairness arguments, it is inefficient and costly for a council to recover excess CTB and to then have to refund it and any costs after a successful appeal.

  

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jj
                              

welfare rights adviser, saltley & nechells law centre birmingham
Member since
21st Jan 2004

RE: council tax overpayment recovery
Fri 30-Apr-10 12:05 PM

we have the same problem in birmingham, which is a huge LA. when people have benefit problems, its often the council tax summons et seq that causes the most immediate stress, and the inability to stop it while things are being sorted out. the local benefit service is a bit slow and creaky, but at least responsive to representations, but the revenues department grinds on automatically, ruthlessly, and its like dealing with a dalek, sans sonic screwdriver.

but let's face it, they have to get the money from somewhere to pay for the cost of appealing to the Ho L in an attempt to wriggle out of paying their debt to their unfairly dissed women employees for donkeys' ages...

what a world! every day a 'you can't make this stuff up' day...

  

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Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: council tax overpayment recovery
Fri 30-Apr-10 12:38 PM

...and every day I get more and more stressed out at the injustice of it all. Why can't I be an uncaring automaton...

Thanks very much for all your helpful responses. Happy bank hol everyone!

Tony

  

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Top Housing Benefit & Council Tax Benefit topic #9213First topic | Last topic