council tax for armed forces

marykirwen

Hi
My partner has recently moved in with me and he is in the RAF. He is only home at weekends, fri and sat night and away all week, I rang the council tax office like the honest person I am and they say I now have to cancel my lone 25% and pay full even tho he is only in the house at weekends, 8 days a month AND in Jan he will be away in america for 2 months. Now because we aren't married I have been told there is nothing we can do......HOW UNFAIR IS THAT????? It would have been cheaper to have lied???
Can anyone help??? Is this right, seems ludicrous to me

CIS

Marriage has nothing to do with it - under Ctax law a live in partner is equally as liable as a husband or wife.

Council Tax works on the basis of sole or main residence, any property that has two or more persons who have the property as there sole or main residence will ordinarily not be entitled to any discount.

There was a case in similar circumstance to your own which was determined by case law.The outcome of the case was that the partner (member of the RAF) has their main residence at the home and a single person discount could not be awarded.

10.3.2
DONCASTER BOROUGH COUNCIL v STARK HC (RVR 1998, page 80)
A Valuation Tribunal decided that the wife of a serving member of the RAF, Corporal
Stark, was entitled to a 25% single person discount at the marital home.
Accommodation was provided for Corporal Stark at his RAF base; he was forbidden
from commuting between the base and the marital home. Doncaster Borough Council
appealed against the Tribunal’s decision to the High Court; the appeal was allowed.
Once again the appeal concerned “sole or main residence”. Justice Potts concluded
that Corporal Stark’s sole or main residence was the marital home and not his
accommodation on the RAF base. On this basis, he directed that Doncaster Borough
Council’s decision not to award the 25% single resident discount should be reinstated..

marykirwen

bloody rediculous!!!!
It is his main residence but if only he was actually in it more than his room on base....it would be lovely!!!

Lifeisbutadream

Too right it shouldnt be allowed! my husband used to work away and was away from home for around 80% of the time. I wouldnt have dreamed of asking for a reduction in council tax!

marykirwen

well good for you, life is but a dream...aren't you great...I feel totally robbed by the system, I work hard and get absolutely no benefit for it, I've never claimed a benefit in my life and think that a little help wouldn't hurt from time to time, especially when my partner is actually protecting the likes of you whilst in basra!!!!!!!!!!!

Andy_L

When he is deployed in an operational theatre you will be entitled to a CT discount.

Ms_Chocaholic

Has he given up his room on the base as he would have been liable for CT there. If he still has it, I assume he can't be liable to pay CT on two properties at once.

CIS

Has he given up his room on the base as he would have been liable for CT there. If he still has it, I assume he can't be liable to pay CT on two properties at once.

You don't pay council tax on the base if its MOD housing - you usually pay CILOCT which is a similar charge but paid to the MOD.

CIS

When he is deployed in an operational theatre you will be entitled to a CT discount.

The house would still be his main residence as he has intention to return.

Lifeisbutadream

marykirwen wrote: »

well good for you, life is but a dream...aren't you great...I feel totally robbed by the system, I work hard and get absolutely no benefit for it, I've never claimed a benefit in my life and think that a little help wouldn't hurt from time to time, especially when my partner is actually protecting the likes of you whilst in basra!!!!!!!!!!!

I beg your pardon??

I pay my taxes and I dont claim benefits either. That doesnt mean that I should claim something that I am not entitled to!

There are thousands of families across the country where one partner goes away to work - if they all got council tax discount then your council tax would be a hell of a lot higher, believe me!

And how rude to play the 'my husband is protecting you' card! I have the greatest of respect for all of our armed forces, and I dont think they earn enough, or get enough respect, but then neither to many, many other people living in this country.

Andy_L

CIS wrote: »

The house would still be his main residence as he has intention to return.

Irrelevant in this case. Some councils will give a discount as it's a special case, otherwise the MoD makes a payment.
http://www.mod.uk/DefenceInternet/DefenceNews/DefencePolicyAndBusiness/CouncilTaxReliefForTroopsOnOperations.htm