Claiming the Class E exemption - Council being difficult. Recent Care home Resident

[Ed Gasket]

Hi, I hope this is the right forum and someone can advise.

My elderly sister had to go into a care home back in August due to health issues and her former home has been empty since then.

I put in a claim on her behalf to the local council for a council tax exemption and they asked for various documents which I have supplied such as proof she is a permanent resident in the care home.

They have now come back with 'let us know when you sell the house and your sister's liability for council tax will then cease'!? That does not make any sense because previously they wanted to know all about the care home so why ask for that if it had no bearing on the exemption? Now it says on their own website that she qualifies for an exemption having moved into a care home.

I have replied pointing this out and that the council should stop taking direct debits from her bank account and refund tax paid since August; but am just wondering in case I can get no further with the council:

1) Should I cancel the direct debit so that no further money can be taken or will this just cause more trouble?

2) Should I take the council to the small claims court to enforce this exemption  and claim the tax paid since August back plus expenses?

Thanks for your help with this.

[honeybee13]

I agree with you. My experience is limited but I thought people in care homes were exempt but maybe it depends on the council. Have you checked their website?

Have you complained about the decision so far? Please tell us what the website says.

HB

[Ed Gasket]

Their website says you may qualify for an exemption if you move permenantly into a care home.

[honeybee13]

That's not very helpful, is it?

Have you queried why they decided your sister doesn't qualify for the exemption?

HB

[Ed Gasket]

Yes I have sent a reply. The trouble is they take weeks to reply and meanwhile are collecting more council tax. 

My questions are as per my initial post, not whether my sister is entitled to exemption because she is. The council are just playing hard ball and I want to know how best to handle it.

[dx100uk]

you'll get the money back into her bank account when they realise.

dx.

 

[Ed Gasket]

Are there any negatives to cancelling the direct debit now?

When they send a reply saying she will not have to pay once the house is sold, it does not fill me with confidence we will ever get the money back without a fight.

Edited November 12, 2023 by Ed Gasket

[unclebulgaria67]

Yes, the Council will update the account to note that payment is in full, so whatever amount outstanding will be requested.

Sometimes you have to go and see the Council face to face to resolve.  Local Citizens Advice have often got direct contact channels with those in the Council who can resolve, if you need assistance. 

[Ed Gasket]

Well they can request the remainder owed for the year but as they are not entitled to it; they won't be getting it and if they threaten court then so can I. Any other negatives?

I can't see them face to face as I live hundreds of miles away; just not possible. I suspect the council are being evasive because they are short of money and don't want to pay up and are stalling for as long as possible.

[dx100uk]

being short of money is not going to be helped by a few £100's. 

i think you have a bit of a warped pre conception to them.

they dont have to do court, a liability order is a rubberstamp jobbie if you removed their dd and they dont collect what they think they are owed.

it'll work itself out in the end and any over payment will be returned to its source.

i would not be cancelling the dd.

dx

 

[Ethel Street]

It's known as the Class E exemption and the law on CT exemptions says nothing about having to sell the house in order to be made exempt. It's not a discretionary exemption, it's a statutory entitlement in England.

If/when you run out of patience with the CT department at the Council you should raise a formal complaint with the Council. Details will be on their website.

Legal action would be a last resort. TBH I don't know what sort of legal action you would bring but I doubt it's a small claims court claim.

I agree with other posters, do not cancel the DD. That would likely bring you a pile of hassle and legal troubles.

[Ed Gasket]

OK thanks for the advice.