Council Tax Discount - Can I claim?

abc123456

longhotbath wrote: »

abc123456, you have already said that visitors use your downstairs loo.

And legally, a bathroom contains a bath or a shower. Otherwise it is just a lavatory.

I never said that vistors use my downstairs toilet, they don`t, besides my Council have confirmed my downstairs "lavatory" would be sufficient. As per my previous post, it does not need to contain a bath or a shower.

CIS

downstairs "lavatory" would be sufficien

I must advise you that the council have not correctly interpreted the legislation.

The actual legislation states

3.—(1) Subject to paragraph (4), a person is an eligible person for the purposes of these Regulations if-

• (a) he is a liable person as regards a dwelling which is the sole or main residence of at least one qualifying individual and in which there is provided-

• (i) a room which is not a bathroom, a kitchen or a lavatory and which is predominantly used (whether for providing therapy or otherwise) by and is required for meeting the needs of any qualifying individual resident in the dwelling; or
  • (ii) a bathroom or kitchen which is not the only bathroom or kitchen within the dwelling and which is required for meeting the needs of any qualifying individual resident in the dwelling; or
  • (iii) sufficient floor space to permit the use of a wheelchair required for meeting the needs of any qualifying individual resident in the dwelling; and

• (b) as regards the financial year in question, an application is made in writing by him or on his behalf to that authority.

this was clarified in Luton V Ball to mean

Turner J then considered whether, "given the implied statutory purpose of the regulations", the expression "a bathroom" necessarily excluded a shower room, and said that if the expression is used descriptively as being a room in which the person carries out their normal ablutions, whether in a bath or by way of a shower, there was no problem in discovering the proper meaning of the word "bathroom" where it appears in regulation 3
It was held that the valuation tribunal had arrived at the wrong conclusion through concentrating on the single word "bathroom" instead of considering the statutory context and purpose of the regulations. The billing authority's appeal was allowed.

If the authority are considering the definition of bathroom to meet any other definition than that given in legislation/case law then they are acting outside the legislation.

abc123456

CIS wrote: »

I must advise you that the council have not correctly interpreted the legislation.

The actual legislation states



this was clarified in Luton V Ball to mean



If the authority are considering the definition of bathroom to meet any other definition than that given in legislation/case law then they are acting outside the legislation.

I understand what you say about stated cases etc...I am just wondering if there is a difference in Scottish Law, and what has been upheld by Scottish Courts.
I will follow the advice by my Council and submit my application, then wait and see what happens.

CIS

Scottish law is the same.

C.C.L.

I have been reading this thread with interest, as I had a bathroom built downstairs for the same reasons as the OP. It used to be just a toilet, but it was knocked through to an outhouse and a walk in shower, sink & toilet put in. I have a chair in the shower also. Would this entitle me to a discount? I didn't know there was a discount for this type of thing. We also have a bathroom upstairs for general use.

CIS

If it meets the criteria given above then you should be eligible.