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Notional Income used by the Council for CTB

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Why is it that when I mentioned to my friends that I am a member on this site they start asking me questions about their problems - looking to me to find out the answers.

One friend has asked me a question about Council Tax Benefit.

It seems that for a few years her and her husband have claimed this based on low income grounds and him receiving contribution based ESA.

A few months ago, he (the husband) had failed to attend for an assessment for his ESA. This was the second time and now has had his ESA stopped altogether as the DWP are saying that the grounds put forward by him for not attending were good enough (he told them that he had forgotten all about it).

So apart from now having to claim the income based version which has resulted in a lower level of income, the council are saying that he has caused this drop of income by his own negligence. Well of course they are right and I do agree with them.

However, they have told them that they will not get any further increased help with the council tax even though they are now on a lower level of income as they are treating them as still being in receipt of the higher level of income (Cont ESA) which they are not.

This sounds like notionl income to me.

Can the council penalise the couple in this way even though they are on a lower level of income? Seems the council think that they are jutified in their actions as he did not take sufficient actions to ensure that he complied with requests for his attendance at the assessment. He only has himself to blame for the reduction in household income.

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