Scenario.

Couple get full CTB. She is the claimant. They divorce and continue living separately under the same roof. Pension Service do home visit assist with separate claims fro PC. All legit’, no problem. No separate CTB claims made (don’t ask). CTB continues in payment on basis of previous claim.

Some time later matter comes to the attention of the LA. Overpayment raised and recovery sought from him. Award of CTB continues for her based on 50% of liability. He makes separate CTB claim in December 2009. Overpayment goes back to 2008.

As I haven’t the time at present to research this, am I right in assuming that underlying entitlement for him does not apply because a) he had no lawful CTB claim in and because of that b) he therefore has no lawful entitlement for the period prior to the claim.

I agree with your analysis Paul. I assume the auto-three months has been awarded, if nothing else?

Given the circumstances, it *might* be worth asking for a liability write-off equivalent to the CTB that would otherwise have been payable.

One other thought... I don't suppose there was anything in the Pension Service paperwork that could constitute a claim for CTB? In light of "Novitskaya", a claim for CTB would not need to be expressed precisely.

Thanks for that Kevin. I was hoping you would reply. Yes, I've used the Novitskaya case myself recently on a JSA appeal but forgot about it in this case. I haven't seen the Pension Service paperwork, so thanks for that, I'll make enquiries.