Propsed fees for failure to notify

[mikeymack2002]

Propsed fees for failure to notify a change of circumstances to a Local Authorities (LA) in regards to Council tax and possibly Housing benefit too!

 

My local LA (Southend on sea Borough Council) SBC)) has recently had a full Council meeting and are propsing charging people for failing to notify a change of circumstances. This could be between £70-£280! (please see my attacments (1) (2). 2 for the quick version and 1 for the full document. Or see section 6 page 67 all... This was previously just £50 now the new rates could cause more financial issues for many people.

 

 

2 RECOMMENDATIONS

 

2.1 That the Executive agree that consultation takes place on the implementation of a fixed penalty of £70 to Council tax charge payers, permitted under the provisions of the Local Government Finance Act 1992, who intentionally or knowingly fail to notify the Council of any change affecting Council Tax Liability or Local Council Tax Benefit Scheme (LCTBS) without reasonable excuse.

 

3 REASONS FOR RECOMMENDATIONS

 

3.1 The Council has powers under the Local Government Finance Act 1992 (Schedule 3) to impose civil penalties to those charge payers who wilfully neglect to inform the Council of changes which affect their Council Tax liability.

 

There are at least 6 areas that could affect the claimant/bill payer this could be on top of what DWP already charge. It could pay to ask your LA if they also intend on doing the same as mine.

 

Given that most LAs now have to find new inovative ways to get more money in their coffers then this one surely is a way to make money from failure to notiy a change of circumstances in a reasonable time frame (normally 28 days) sometimes less....

 

Info here and other places >> https://www.gov.uk/civil-penalty-changes-affect-benefits

 

Your thoughts....

Benefit failure fees.pdf

Public reports pack 14th-Feb-2017 14.00 Cabinet[556].pdf

[Nystagmite]

Ouch! So, how do they expect people who are already on a low income to afford these fees?

[mikeymack2002]

You forgot to add any overpayment as well. Many more claimants and bill payers could be charged.

 

An example could be your partner moves in on week one and you fail to notify until week say 6. The moving in was on a trial basis but still it's a change of circumstances.

 

Not only that if the LA take you to court they could make it even more expensive for them! Most of the regular posters will already know about the Civil penalties and the amounts involved but at the end of the day if you are in doubt whatsoever you must report the change and let the LA know so they can decide. Certainly within a very short period of time.

 

The extra penalties could a liability order an attachment of earnings and/or benefits too. If the former then it could go to enforcement which costs even more and that's £310 in enforcement fees! Then you still have to pay the added £70 fee and the original debt too!

[speedfreek]

The notify period is 21 days from change.

 

You can do most things online - but if it's like my Council their online portal is an absolute shambles - painful and very frustrating to navigate or use.

[ss002d6252]

The provision for council tax penalties has been in place since 1 April 1993 but many local authorities have never bothered to use them for various reasons (or cocked up the implementation like my old employer). One of the key points regarding the penalty is that they are appealable to a valuation tribunal and they can't be recovered against whilst being appealed. It is also sensible that the council cannot set the rate of the penalty themselves - http://lgfa92.co.uk/penalty-for-not-providing-council-tax/

 

Craig