Hello. My 23 year old daughter moved into a flat in manchester in july yhis year, She started a 20 week journalist course. this course is full time so she has no income. She also lives with to other students who are trainee doctors. The council have told her she is liable for all the council tax less 25% discount for paying it on her own. I would like to know where she stands as i accept the fact that when her course finishes she will be able to earn money, bit she can not earn money while she is on the course. The council said they can not do anything because the course is not 24 weeks.

Any ideas

Who counts as a full-time student for Council Tax purposes?

You’ll usually be considered a full-time student for Council Tax purposes if:

• you are enrolled to attend a course of education lasting for at least one academic or calendar year - and which you are normally required to attend for at least 24 weeks out of the year and study for at least 21 hours per week during term time
  

or:

• you’re under 20 and your course leads to a qualification up to (but not above) A level standard or equivalent - as long as it lasts for more than three months and involves more than 12 hours of study per week
  

If you’re unsure, check with your local council.

The Council are correct in their interpretation of the Rules. However is there anything to stop her claiming Housing & Council Tax Benefit if she has no income?

Thank you ploddertom i did read that, but what i was thinking was how in her 20 weeks on a full time course can she earn the money to pay the council tax. Thats what i find the dilemma in all this,

That's why I said in my last sentence - if not working then she may be able to claim CT Benefit.

One way or the other the debt has to be paid, the Council do not care about the circumstances they just want the cash and should it go further there may be Court & Liability Order fees to pay which could add an extra £150, then there is the possibility of enforcement action via Bailiffs. Her only other alternative is a part time job.

Hi udate as per above and still non the wiser so still fighting. As suggested above my daughter who was doing a 20 week full time course so could not work daytime was not classed by Manchester council as a student. We then took the advice as above, she got a part time job and asked the council fro rcouncil Tax and housing benefit and was told by the council that she can not have this because she is a student. So the council are contradicting themselves. I understand that she should pay some of the council tax but should be given a further council tax benefit. The council have told her to carry on paying 108 per month until it is resolved, she has not got the money to pay for the rent and council tax and other utilities on her part time income. Any ideas and am i right in saying that as she it attempting to resolve this matter that the council should call of the baliffs until this is done. Kind regards Lorraine

Does anyone know where i could go with this.

Thanks

Student Households are usually exempt from Council Tax as students are not usually legally allowed to claim State Benefits. But as you've found out the rules concerning Council Tax exemptions and discounts for students are quite restrictive (21 hours per week, and 24 weeks in an academic or calendar year).

Has your daughter contacted the college or university to find out why the course only runs for 20 weeks?

Its a journalist course which is run by news associates and it runs for two lots of twenty weeks in a year (two courses) she had to raise 3000 pounds to go on the course but it finished in january, She is fighting the council but its like speaking to a brick wall.

Hi Loz

Please have a read of these from Manchester City Councils website:

Would your daughter qualify as an Apprentice, in which case the council tax would only be 50%.

Hi Desperate now, getting really frustrating. My daughter has received a letter from the ballifs today saying the debt has been discharged to them and she has to pay the full amount within 7 days . Am i right in saying that the council should not be sending in the baliffs as this is an un resolved issue and they should call of the ballifs until the issue has been resolved. She has called the council on many occasions trying to resolve the issue. I did forward her the information from above which is very informative.

Thanks

Withholding payment pending determination of a complaint or similar will not prevent enforcement action continuing. The argument is that you are supposed to pay - whether or not you do owe the money - until the matter is resolved. Any overpayment then made will either be credited to a new account or refunded to you upon request. If all she is doing is ringing the Council then I feel they may say "what phone calls" - all better done in black & white or by recorded call.

Ok, thats fair enough. But how are you supposed to pay with money you do not have in the first place. I was also watching watchdog the other day and the bald chap who investigates had an issue with Bt and he told them that there was a law that said if there was an issue with a paymentand a dispute that the baliffs should be called of until it is resolved.

You may interested to read this recent judgement from the High Court http://www.bailii.org/ew/cases/EWHC/Ch/2008/1919.html unfortunately it would seem to back the council's standpoint.

As the previous post says recovery action can be taken for council tax even when there's a dispute, ideally they should call off the bailiff but theres nothing to compel.

I was also watching watchdog the other day and the bald chap who investigates had an issue with Bt and he told them that there was a law that said if there was an issue with a paymentand a dispute that the baliffs should be called of until it is resolved.

Not for council tax purposes.