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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Council Tax Benefit with Income support - summons issued


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long story edited highlights ... :evil:

 

My mother claimed income support and council tax benefit in March 2010.

 

The IS was turned down so appealed and reclaimed IS which was successful on second claim.

 

The CTB was paid from when IS was successful. The IS appeal was successful and payments back dated to March.

 

Council will not backdate council tax even though IS was received for that period.

 

They have now issued summons for CT to obtain a liability order with the view to make deductions from earning / benefit or instruct bailiffs.

 

Council has been phoned and the benefit claim handler wont take call or phone back to discus the case, council tax people say council tax is due until benefit has been calculated.

 

The council were notified of the successful appeal 10 months a go and have stated they have evidence IS was not awarded for that period even though they have been sent entitlement letter and details of the appeal.

 

Basically if they back dated the CTB to 1st April 2010 then there would be no CT due as per IS appeal

 

Recovery team have said they are entitled to recover the money and its pointless turning up at the court as you wont get to explain this to the magistrate.

 

were do we go from here ...

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You need to request a revision of the start date of entitlement to CTB in accordance with Regulation 4(7B) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001.

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If it has not been dealt with, you should submit an official complaint.

 

Address it to Chief Executive and Head of Benefits. Also advise that if they do not resolve matter promptly and cease recovery of the non-debt, you will pursue matter with Local Government Ombudsman and seek compensation.

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keep us informed of any developments, if no response to official complaint in 10 working days, contact your local MP and Local Government Ombudsman

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I had about the same situation, but mine was that the appeal was pending with Housing benefit not with IS, I was summond to the court, when I went there, the council officials tried all the arguments they have to stop me going in front of the magistrate, but I said no and appeared in front of the magistrate. One thing I must point out here that if you look at the summons it normaly ask you to appear on the day before the court to give cause as to why you have not paid the C.tax. But when you appear, it is totaly different, nobody is prepare to listen to your explanation as to why you have not paid even the magistrate. But it is your duty to object to the magistrate that I am summoned here to give cause and not for a liability order. This might give you an adjournment but even if the magistrate don't adjourned the case, you will have a strong legal argument to pursue after the case and you can negotiate on the technality a favourable deal if you stick to the complaint proceedure of the council upto the stage2 or 3.

After recieving a liability order I started a series of official complaint with the council on the same point and I managed to get the liability order revoked and all the cost refunded and managed to offer a installment plan to suit myself untill the outcome of my appeal. this was only possible because I insisted my day in front of the magistrate, its easy straight forward, just explain the point and let them make the decision, you have absolutely nothing to loose by appearing but it might be a fruitfull exercise. The council do not expect people to appear and try to keep them away, which make easy for them to harrass people through Baliff. In the mean time keep after the council for a review or better still if you apply for a tribunal appeal, write to them saying " as you have failed to review my case, I now want to appeal to the independet tribunal" and send them with signature of the claiment. they will soon review the case or at least they will send you acknowledgement letter. Please check your summon and see if it says"give cause as to why........"

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You are suppose to send a request for appeal as a hard signed copy, all other contact you can make by e-mail which is easy, costless and effective way of keeping records & evidence of all correspondence. just keep nagging them with your e-mails asking them to reply, and don't just send it to one department, sent a copy to customer services of the council, this way any acknowledgement will be for your benefit.

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I said the the revenue collections when i phoned that I would be attending the summons to which thy said I wont get to see the magistrate only them .. they tried to dis-swayed me from attending ... I i have truecall so its all recorded ... I'm sure that's grounds for appeal - right to fair trail etc

 

Anyway complaint letter sent via e-mail to all departments plus CEO who has acknowledged receipt.

 

So now its wait till summons day and see if they do anything before if not its off to see the magistrate and complaint to LGO.

If they fail to get liability order I will ask for my costs to attend from the council.... what do you reckon my chances are?

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I said the the revenue collections when i phoned that I would be attending the summons to which thy said I wont get to see the magistrate only them .. they tried to dis-swayed me from attending ... I i have truecall so its all recorded ... I'm sure that's grounds for appeal - right to fair trail etc

 

Anyway complaint letter sent via e-mail to all departments plus CEO who has acknowledged receipt.

 

So now its wait till summons day and see if they do anything before if not its off to see the magistrate and complaint to LGO.

If they fail to get liability order I will ask for my costs to attend from the council.... what do you reckon my chances are?

When you get to the court, every body will try to keep you away from appearing,but you stick to your guns and go in front of Mag. and tell them this summons ask me to give cause and thats why I am here to give cause ask them to transfer the hearing to a county court. This way you can claim back all the cost if they faied to get the liability order.

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