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Forum Home  →  Discussion  →  Housing costs  →  Thread

Tax Credit payment in HB calculation

Surrey Adviser
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Benefits and debt adviser - Esher CAB, Surrey

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Cl. gets WTC & CTC.  TCO are deducting 25% to repay an overpayment.  Cl. also gets HB.  I’m pretty sure I’ve heard in the past that in calculating HB the actual amount of TCs paid is what they treat as income, rather than the award amount.  The LA is saying this is not the case - e.g. if award is £100 & 25% is deducted they have to use the £100, not the actual £75.

I’d much appreciate it if someone can confirm whether they are right.  If they’re not right a pointer to the relevant reg. would be helpful.


Many thanks.

chacha
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Benefits dept - Hertsmere Borough Council

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Surrey Adviser - 28 September 2017 03:06 PM

I’d much appreciate it if someone can confirm whether they are right. If they’re not right a pointer to the relevant reg. would be helpful.

They are wrong.

See CH 1450 2005 (Overpaid tax credits as income for HB/CTB purposes)
http://administrativeappeals.decisions.tribunals.gov.uk//Aspx/view.aspx?id=2028

Surrey Adviser
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Benefits and debt adviser - Esher CAB, Surrey

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chacha

Brilliant!  A great help.

Derek

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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It sounds as if perhaps the Council needs to be spoon fed the correct law here. The decision chacha mentions is certainly helpful but the reg number cited therein predates the current edition of the HB Regs. The equivalent of the regulation referred to in the decision is now Reg 40 (6) of the HB Regs 2006. It is crystal clear and it really shouldn’t be necessary to refer to case law. But belt and braces…

[ Edited: 28 Sep 2017 at 10:43 pm by HB Anorak ]