Military council tax relief

lewismayers
lewismayers Posts: 1 Newbie
in Cutting tax
Can someone please shed some light, as to why the working class are penalised !?

I currently live in a mortgaged property within the South Northants area which I share with my partner.
I work for the armed forces and have been informed that I am now being posted out of the UK for the foreseeable future...
What I can't seem to understand is why I would still need to contribute towards my part of the council tax if I'm no longer residing in the UK ? After calling our local council to explain our situation, my partner was informed that she is not entitled to the 25% discount as this is my home and therefore should accept what she is being told and almost not question it, she did in turn ask to receive written confirmation of their policies which they strangely advised they didn't have...

I decided to have a read up on a few of their discounts that are offered, it appears that if I am lucky enough to become a residence of HMP, my partner in turn would receive the beneficiary 25% discount, how does this make any sense ? Has anyone else experienced this nonsense?

Comments

  • Dazed_and_confused
    Dazed_and_confused Posts: 6,458 Forumite
    Uniform Washer
    Does the final section in this link help?

    The penultimate one seems to back up your post.

    http://www.aff.org.uk/army_family_life/housing/council_tax.htm#faq
  • CIS
    CIS Posts: 12,260 Forumite
    Name Dropper First Post First Anniversary
    It is to do with a long established line of case law (which is used for many purposes, not just council tax) which provides that a person who ceases to be living in an address does not always cease to be resident at an address.

    In your case the residence overseas is only temporary (regardless of whether it would be 6 months or 6 years) and there will be an intention to return to the family home, this means that for council tax purposes you remain resident at that property - the fact that your absence is by virtue of employment with the military makes no difference.

    The above is not council policy, it is case law and council tax legislation for which the council have no powers to vary it.

    The MOD have, in some cases, provided a payment intended to compensate for council tax payments. You would need to check if this is still done and whether you can claim it or not.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    First Post Combo Breaker
    I'm puzzled as to why you think this is the working class being penalised, as far as I can see it would apply to anybody in similar circumstances. You may be a squaddie, but a general would have to pay in the same way.
  • CIS
    CIS Posts: 12,260 Forumite
    Name Dropper First Post First Anniversary
    agrinnall wrote: »
    I'm puzzled as to why you think this is the working class being penalised, as far as I can see it would apply to anybody in similar circumstances. You may be a squaddie, but a general would have to pay in the same way.

    Yep, he certainly would. As far as the legislation is concerned the type employment is not relevant, even whether your employed or not is not relevant. What is relevant is whether the 'sole or main residence' has changed, nothing else.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Lily080888
    Lily080888 Posts: 1 Newbie
    agrinnall wrote: »
    I'm puzzled as to why you think this is the working class being penalised, as far as I can see it would apply to anybody in similar circumstances. You may be a squaddie, but a general would have to pay in the same way.

    I'm not puzzled by what they mean... Those who abuse the system and receive benefits don't have to pay the full amount of council tax, so why does someone who contributes by working, paying their taxes not be exempt over a period of time ? They aren't expecting free Council tax or to never pay council tax again...
  • CIS
    CIS Posts: 12,260 Forumite
    Name Dropper First Post First Anniversary
    Lily080888 wrote: »
    I'm not puzzled by what they mean... Those who abuse the system and receive benefits don't have to pay the full amount of council tax, so why does someone who contributes by working, paying their taxes not be exempt over a period of time ? They aren't expecting free Council tax or to never pay council tax again...

    That is not relevant in this case - the question is solely one of 'sole or main residence'. Whether someone is on benefits, works or does anything in between has no bearing on this issue.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • dori2o
    dori2o Posts: 8,150 Forumite
    First Anniversary First Post
    Whilst you are living away from your property would you be happy if the council failed to maintain the footpath, roads, street lighting, services, etc around your house.

    Would you be happy if the authorities stood back and let your house burn down, or refuse to secure your home if it was broken into or damaged by vandals/natural causes?

    Should the schools and public services near your home all stop providing their services because you've moved out temporarily?


    You may not be there, but the council still spends money on public services and potentially on your property, therefore as a resident who is not entitled to welfare to reduce their council tax bill, you are required to continue to pay the applicable amount.
    [SIZE=-1]To equate judgement and wisdom with occupation is at best . . . insulting.
    [/SIZE]
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