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Council Tax single person discount


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Please can anyone advise me on Council Tax single person discount.

 

I'm living with my 2 children. My eldest moved out Sept 2015.

 

In Sept this year the council started taking 50% increase on the amount Ive been paying.

They had an old letter that stated my eldest child was on a college course until Aug 16 (when in fact she had moved out a year prior to this).

 

I notified the council that she wasn't living here and not to take another inflated payment from my account as I wasn't in a position to cover this.

Initially I got a reply within 3 days to advise about the letter being the reason they had increased the amount taken.

 

I replied,

all done by email to state that categorically

I was the only adult living at the house and needed single person discount applying.

 

Then one evening during a particularly manic tea time, a woman called at the door, I was in the middle of taking a phone call at the time.

 

 

She waved a paper under my nose and asked if the electoral listing was correct.

I said no, my daughter wasn't living here she was at University and living in another city.

The woman said it was ok, this was just for the purposes of a vote, did I want her to have one? I said I did.

 

I emailed the council and told them about this and clarified that she didn't live here and asked again for them not to take another payment.

 

I heard nothing from them for 26 days (they state a reply within 28) which seemed odd since all my previous emails had been replied to within a week. This also meant that another payment had then been taken.

 

 

Ive had a reply to say that while my daughter is at university she is deemed to live with me and I needed to provide a certificate to say what course she was on and the dates.

 

Is this regular?

She doesn't live here.

She doesn't live in student accommodation,

she has her own housing contract and she very definitely doesn't live here.

 

I wanted to challenge this but TBH in order to resolve it quickly and prevent further payments being taken I asked her to get a certificate and sent it off.

 

I have now received another letter so say that this isn't the correct certificate

(even though its an official notification from the uni with the course dates which is what I was told I needed).

This all feels like a total runaround.

 

I'm not sure what I should do,

I shouldn't have to provide my local council with info about her,

shes an adult living her own life in a different city.

 

Thanks in advance for reading.

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full time students are exempt from council tax anyway so your lot are doubly thick.

 

You need to start making formal complaints ,

first of all to the head of the housing and CT dept and if that doesnt owrk to the Chief exec of the council.

 

 

Let them know that it is a formal complaint regarding the councils failure to apply the single person's discount and briefly explain that your daughter lives elsewhere and IN ANY CASE is a full time student so exempt from the calculations and let them know that failure to properly investigate, correct the calculations for council tax bill and adjust your DD accordingly will result in a complaint being sent to the Local Government Ombudsman.

 

The person who has made the decision has misapplied the law and you should reiterate she had moved out BEFORE applying for her college course.

 

 

Registration of people for voting purposes is nowt to do with council tax,

you can be registered to vote in several ways and you are obliged by law to put your daughters name down if she is not registered elsewhere, the City of London has its own rules for example, you just cant vote twice!

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Is this regular? She doesn't live here.She doesn't live in student accommodation, she has her own housing contract and she very definitely doesn't live here.

 

 

Unless she has left your property with no intention to return to your residence to live then she is still regarded as resident at your property for council tax purposes.

 

 

If she has no intention to return then the council need to advised of this to confirm that she has left on a permanent basis (or as permanent as it can be said) rather than a temporary basis.

 

 

Having a tenancy elsewhere by itself does not prove you're not planning to return to a property.

 

At the moment,

unless they are aware she is not returning

then they have acted correctly by regarding her as still resident and asking you for the proof of her student status.

 

 

A complaint to the LGO will get nowhere (their decisions are not legally enforceable in any case- although most authorities will follow their decision) as the council themselves are acting within legislation until they have the sufficient evidence.

 

 

The LGO will also not investigate most issues which fall within the remit of the Valuation Tribunal

- the Valuation Tribunal cover disputes over liability and discounts/disregards.

 

A full time student is not exempt from council tax - they are disregarded.

 

 

A property is exempted from council tax if all of the occupiers are full time students but the student themselves is not exempt (Council Tax (exempt dwellings) Order 1992 - as amended)

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Thread moved to the appropriate forum.

 

Regards

 

Andy

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Do you get CTRS? Just wondering if they are taking a non dependant deduction from that for your daughter.

 

I believe student exemptions are not applied until you provide evidence from the college that the person is a full time student.

Please do not ask me for advice via PM as I will not reply.

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I believe student exemptions are not applied until you provide evidence from the college that the person is a full time student.

In principal the council can grant a student disregard off their own back with sufficient information but in real terms you're right in that they generally don't grant it until they get supplied with the information.

 

Craig

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