I wonder if anyone can shed some light on this.

A couple came in to see me, moved in together Nov 07, told everyone that he had moved in (or at least that he was living there). His single JSA claim was made into joint claim.

She was already claiming CTC for her 2 children when he moved in. His child then moved in Jan 08 and he claimed CTC at the same address and was paid as a single claimant full CTC.

So they were both getting CTC for their children but not on joint claim but both registered at same address.

They then have twins and make new joint app for CTC declaring that they became couple in Nov 07. So TO have cancelled her CTC back to Nov and raised o/p and his claim back to when it started in Jan 08 and raised o/p. (TO are saying they were never told they were couple)

Now to me this seems like an offset example to me, although they were claiming separately they would have got the same amount as they got so o/p seems harsh. Is this an argument i can use to dispute these?

Thanks

Tue 16-Sep-08 08:35 AM by Victoria Todd

Was there any particular reason that they did not make the joint claim in Nov 07 when JSA was changed?

The current compliance offset provisions (since May 07) are fairly narrow in scope and only apply when a genuine error was made at the point of claim. On reading what you have said it would seem to me that there is a potential for the current offset provisions to apply to his overpayment but not her overpayment.

The reason I say this is because he made the mistake at the point of claim - and if you could argue genuine error then that might work. However, she had an existing claim of CTC, so she failed to report a change of circs which the current provisions do not apply to.

There are lots of threads on here around offsetting that provide more background to the changes in May 07.

Also, in the opening paragraph you say that they told everyone he had moved in. Could this be a case of TCO not acting on information given? Did JC+ not inform TCO of the change and sort out the CTC?

Victoria