Council Tax

CIS

Ive answered your post on the other thread here - http://forums.moneysavingexpert.com/showthread.html?p=31104839&highlight=#post31104839

Juls666

HI everyone. Just discovered this section and it is really handy.
My other half is in the army and we did get a single occupancy discount on his last tour in Afghan. My local council wanted a letter from the army on letter headed paper stating when he was deploying and for how long.
In saying that the council messed it up and gave a full years discount instead of 6 months.
I have since been advised by my council that because my other half stays in work Monday to Friday and is only home at weekends (even at that alot of the time he doesn't get home) and on leave there is a strong possibility we should have gotten single person occupancy since we bought this house which is 3 years.
The want a letter from his boss stating he stays monday to friday and that his work is his main residence. Clearly this is no problem as it is the truth ! I don't have the letter yet but once I have it i have to take it to the council and see what happens. Fingers crossed as it is alot of money.
Will post here with what happens incase it is a help to anyone else.

CIS

I have since been advised by my council that because my other half stays in work Monday to Friday and is only home at weekends (even at that alot of the time he doesn't get home) and on leave there is a strong possibility we should have gotten single person occupancy since we bought this house which is 3 years.

'Sole or Main residence' determinations can be very difficult to decide on.

My other half is in the army and we did get a single occupancy discount on his last tour in Afghan. My local council wanted a letter from the army on letter headed paper stating when he was deploying and for how long.

Your two posts are slightly contradictory - if he is not living in the property and its not his 'sole or main residence' then why the dicount only for the period of his deployment ?

To be honest if he is living with you and only away because of this job then you are very lucky the local authority has awarded any dicounts whatsoever - what they are doing goes against the decisons made by the vasy majority of local authorities and actually against case law (which sets a precedent on local authority decisions).

Being away on deployment outside the country does not prevent him being resident within the UK and having a UK property as his 'sole or main residence' for council tax purposes and as such the council tax determination on his main residence should take in to account that he is resident.

In the case of Stark V Doncaseter (involved an RAF service man) pretty much covers your case and TBH it appears that he quite possibly is resident at your home for council tax purposes and no single person discount is applicable.

DONCASTER BOROUGH COUNCIL v STARK (1997)

It was held that where a member of the Armed Forces was obliged to live in service accommodation elsewhere, his/her main place of residence remained their family home. The decision was based on Corporal Stark's security of tenure, the time spent there when not on duty, and the fact that he would return there should he no longer be required by the Forces.
This was despite the payment of Ministry of Defence deductions for Council Tax in respect of forces' accommodation

Veryskint

Just to confirm, the council tax rebate that the government committed to, is paid to you by the army, NOT by the local council.

I am advised that going on tour does not qualify us for a reduction (although that might vary by area), however the army gives a set amount, regardless of what your council tax is, to cover the fact that the council do not give you that rebate.

Hope that makes sense.

snowball1972

Juls666 wrote: »

HI everyone. Just discovered this section and it is really handy.
My other half is in the army and we did get a single occupancy discount on his last tour in Afghan. My local council wanted a letter from the army on letter headed paper stating when he was deploying and for how long.
In saying that the council messed it up and gave a full years discount instead of 6 months.
I have since been advised by my council that because my other half stays in work Monday to Friday and is only home at weekends (even at that alot of the time he doesn't get home) and on leave there is a strong possibility we should have gotten single person occupancy since we bought this house which is 3 years.
The want a letter from his boss stating he stays monday to friday and that his work is his main residence. Clearly this is no problem as it is the truth ! I don't have the letter yet but once I have it i have to take it to the council and see what happens. Fingers crossed as it is alot of money.
Will post here with what happens incase it is a help to anyone else.

Can't see you getting the single occupancy for that, for example my wife works in the Falklands and is only allowed in the UK for 90 days per year, but the council refused a discount!

boyang

I am the only occupant of my house and am on det for 4 months, but not Iraq or Afghanistan. Does anyone know do I still get the Council Tax Refund? (Will ask my adminers the next time I see them, but I'm on nights at mo)

snowball1972

boyang wrote: »

I am the only occupant of my house and am on det for 4 months, but not Iraq or Afghanistan. Does anyone know do I still get the Council Tax Refund? (Will ask my adminers the next time I see them, but I'm on nights at mo)

Yes you will

boyang

Snowball, thanks for the reply, that's great.

Frogeye1

Not sure if I am doing this correctly? My question is:- We have just bought a new house in another area and I am going to move into it alone, as my husband will still be working in our current area and living with our daughter and son-in-law. Will I therefore be entitled to a 25% discount for single residency?

CIS

It all depends on what counts as his 'sole or main residence'. Does have the intention to live with you except for being kept apart by work requirements e.g where will he spend weekends, days off etc