Pension Credit and Council Tax

[Say-NO-to-the-Cuts]

My council is taking me to court for non-payment of council tax. However, I am on Guaranteed Pension Credit, which I understand means that I am not liable for council tax. Am I right?

[Nystagmite]

Did you apply for council tax benefit?

[id6052]

being on guarantee pension credit does not mean you are liable for council tax, however it means you may be entitled to council tax benefit towards the costs

 

if you have not claimed council tax benefit, you would have to pay the council tax charge

 

if you have claimed council tax benefit, you may be entitled to full or partial council tax benefit, depending upon who else lives in the property

 

in addition to nystagmite's question, can you confirm if there are any other people living in your home?

[Say-NO-to-the-Cuts]

No, but they know I am on pension credit because they are deducting more than three pounds a week from it in respect of earlier arrears.

As they know I am now on pension credit, which I have, moreover, repeatedly pointed out in emails to them, surely they shouldn't be trying to make me

pay current council tax!

[Say-NO-to-the-Cuts]

I have a partner living with me who is not working but she is unable to claim benefits because she is from another country, whose citizens are not entitled to UK benefits. She is entirely dependant on me.

[antone]

No, but they know I am on pension credit because they are deducting more than three pounds a week from it in respect of earlier arrears.

As they know I am now on pension credit, which I have, moreover, repeatedly pointed out in emails to them, surely they shouldn't be trying to make me

pay current council tax!

 

Whether or not the council knows you are on SPC, you do have to pay council tax unless you apply for and are awarded Council Tax Benefit.

[id6052]

you should also be aware that if you claim CTB, it may affect your partner's right to stay/remain in UK, as normally one of the conditions for entry is that there will be no recourse to public funds (i.e. you are able to financially support her fully and there will be no cost to the tax payer)

[antone]

you should also be aware that if you claim CTB, it may affect your partner's right to stay/remain in UK, as normally one of the conditions for entry is that there will be no recourse to public funds (i.e. you are able to financially support her fully and there will be no cost to the tax payer)

 

In general, if a person has no recourse, my experience is that for benefit purposes they are simply treated as not existing. So, say for ESA, if one of a couple has no recourse and the other is a UKC, an ESA(IR) claim will be paid at single person rates.

 

What I've never been sure of for CTB is whether or not a person with a partner who has no recourse is assumed to be in receipt of the single adult rebate when entitlement is worked out.

[id6052]

In general, if a person has no recourse, my experience is that for benefit purposes they are simply treated as not existing. So, say for ESA, if one of a couple has no recourse and the other is a UKC, an ESA(IR) claim will be paid at single person rates.

 

What I've never been sure of for CTB is whether or not a person with a partner who has no recourse is assumed to be in receipt of the single adult rebate when entitlement is worked out.

 

Hi Antone

 

The approach you describe is correct for certain DWP benefits where no addition is paid for the partner if they have no recourse.

 

The problem arises with council tax benefit which does not have a similar rule. Even in the situation cited above, the presence of the partner would lead to the loss of a single person’s discount on the property, therefore the CT liability would increase by 25%, and CTB would increase by 25% as a result of the increased liability, consequently the partner is (arguably) accessing public funds.

 

I would advise anybody with a partner with no recourse to public funds to contact the UK Borders Agency before claiming CTB as it is listed as a public fund http://www.ukba.homeoffice.gov.uk/visas-immigration/while-in-uk/rightsandresponsibilities/publicfunds/

[estellyn]

I have a partner living with me who is not working but she is unable to claim benefits because she is from another country, whose citizens are not entitled to UK benefits. She is entirely dependant on me.

 

What country is she from?

[Old Cogger]

if she has not leave to remain here be very careful here. as recourse to public funds will affect visas!

[Old Cogger]

to be honest if you have pension credit it only tops up your pension, my pension (state) gets private pensions top up albeit very little but what you will get from pension credit is no doubt far more than the taxed extra small pension I get, and I have to pay the council tax with no reduction.

 

council tax & pension credit are public funds,I believe.?

[id6052]

Say-NO-to-the-cuts

 

Just to clarify, I am not trying to deter you from claiming Council Tax Benefit as based upon your circumstances you would be entitled to full CTB if you make a claim. You just need to be aware of the possible impact upon your partner's immigration status.

[Old Cogger]

I had to forgo decades ago public funds to get family here, including forming an organisation (now defunct as legislation was overturned eventually) with others to fight the Primary Purpose Rule in force then, and other areas of Immigration, up to including TV programme and interviews also Tribunals etc, so step very carefully and investigate all the latest Immigration legislation on the subject, do not contact any H.M. Gov office at this stage, council tax try to come to an agreement with them, but mainly get to know the latest rules??

[antone]

Hi Antone

 

The approach you describe is correct for certain DWP benefits where no addition is paid for the partner if they have no recourse.

 

The problem arises with council tax benefit which does not have a similar rule. Even in the situation cited above, the presence of the partner would lead to the loss of a single person’s discount on the property, therefore the CT liability would increase by 25%, and CTB would increase by 25% as a result of the increased liability, consequently the partner is (arguably) accessing public funds.

 

I would advise anybody with a partner with no recourse to public funds to contact the UK Borders Agency before claiming CTB as it is listed as a public fund http://www.ukba.homeoffice.gov.uk/visas-immigration/while-in-uk/rightsandresponsibilities/publicfunds/

 

Well, I have only personal, not professional, experience with this matter (two partners with no recourse at various times), but I have found that the general idea is that the agency responsible for paying the benefit is also charged with determining eligibility.

 

So I wonder if I got overpaid three weeks of CTB a few years back. I claimed JSA and HB/CTB in Renfrewshire with my partner who, at the time, was on a fiancee visa with no recourse. The council paid full HB and 75% CTB (that is, they paid me as if I got the single adult rebate, although I did not). Soon after that I started work with DFID and signed off, so I didn't receive more than about £70 in CTB - it wouldn't be a disaster if they came after me, heh.

[Old Cogger]

Well, I have only personal, not professional, experience with this matter (two partners with no recourse at various times), but I have found that the general idea is that the agency responsible for paying the benefit is also charged with determining eligibility.

 

So I wonder if I got overpaid three weeks of CTB a few years back. I claimed JSA and HB/CTB in Renfrewshire with my partner who, at the time, was on a fiancee visa with no recourse. The council paid full HB and 75% CTB (that is, they paid me as if I got the single adult rebate, although I did not). Soon after that I started work with DFID and signed off, so I didn't receive more than about £70 in CTB - it wouldn't be a disaster if they came after me, heh.

 

see your point, could be a mine field , hence check the latest updates ion the subject, we are just trying to get awareness of situation, hopefully all will be sorted, other will no doubt comment on the latest information, not sure if I remember Martin has some knowledge more up to date?

[estellyn]

As the OP does not seem to understand the council tax system, best to establish what the partner's immgration status actually is, just in case he has confused the issue there, too.

[id6052]

Well, I have only personal, not professional, experience with this matter (two partners with no recourse at various times), but I have found that the general idea is that the agency responsible for paying the benefit is also charged with determining eligibility.

 

So I wonder if I got overpaid three weeks of CTB a few years back. I claimed JSA and HB/CTB in Renfrewshire with my partner who, at the time, was on a fiancee visa with no recourse. The council paid full HB and 75% CTB (that is, they paid me as if I got the single adult rebate, although I did not). Soon after that I started work with DFID and signed off, so I didn't receive more than about £70 in CTB - it wouldn't be a disaster if they came after me, heh.

 

Hi Antone,

 

You are safe, you were not overpaid CTB. You were actually underpaid, as the LA should have paid you full CTB.

 

The OP similarly would be entitled to full CTB if he made a claim. The issue or problem would not be with the LA/social security side of things, but rather with the immigration side.

 

I hope that makes sense

[antone]

Hi Antone,

 

You are safe, you were not overpaid CTB. You were actually underpaid, as the LA should have paid you full CTB.

 

The OP similarly would be entitled to full CTB if he made a claim. The issue or problem would not be with the LA/social security side of things, but rather with the immigration side.

 

I hope that makes sense

 

Thank you id, that does indeed make sense. In the case of this particular visa, it's not really relevant whether or not her visa would be at risk as she passed away a few years ago. Now I come to think of it, it's possible they did pay 100% and I'm getting it confused with the water charge situation - perhaps that was what I had to pay.

 

Most of my reading of immigration law suggests that merely being part of a claim to a means tested benefit is not, in and of itself, grounds to revoke otherwise valid immigration status, since it's really up to the agency that pays the benefit to ensure that it's being paid correctly. Of course, if that claim has been made fraudulently then I suppose all bets could be off - say, for example, if a person lies to the council or DWP about their immigration status.