Council Tax 25% discount

MumOf2

I'm not sure if this is in the right place, so please move it if it isn't.

Does anyone know what the minimum period is to claim single person discount on council tax if one of the adults in a house is working overseas? The Council have said that they'll have to assess whether my son is just 'on holiday' when there will be no discount, or actually 'moving' in which case there will be a discount.

He's working overseas for at least 5 months - will this be long enough?

Any advice would be appreciated.

MumOf2 (the other one lives permanently in London)

00ec25

could be a difficult one to argue, see this thread about a wife who's lived abroad for years
http://forums.moneysavingexpert.com/showthread.html?t=1708565

the fact your son is overseas is no more relevant than anyone else who rents temporarily within the UK at another location for work purposes, it seems that as long as there is an intention to return to your home in the future it remains their main home and they are liable, so no SPD

CIS

It comes down to the persons 'sole or main residence' and intention to return.

It has been found in many cases that absence abroad for work does not remove a property as being a persons 'sole or main residence' if they intend to return or would return , if for example, they lost their job.

If you need to look at a few bits of pertinent case law see Ward v Kingston, Anderton v Bradford and Navabi v Chester le Street.

The net result is that ,withour knowing the full case details, your son is still solely or mainly resident at the property and thus no single person discount could be awarded.

MumOf2

Many thanks to both of you for your responses.

I've read the linked thread - thank you. I suppose the difference is that this is my son, not my husband, and there is usually an expectation that a son or daughter will leave their family home and set up a home of their own, so at some stage they're not expected to return to this address (although his nickname is 'boomerang'!).

Thanks also for the legal cases you cite - will check them out.

In the meantime have come across the Second Adult Rebate on the CAB site - no reference to this at all on my Council website but have emailed and asked for an application form. I'm sure they couldn't just opt out of SAR but nothing would surprise me! If successful it would reduce my liability by £20 a month - better in my pocket than theirs.

MumOf2

CIS

I'm sure they couldn't just opt out of SAR but nothing would surprise me

2AR would be based on your son being resident in the property (they cant opt out as it runs alongside the council tax benefit scheme), if he is not resident then you cannot get 2AR.

I suppose the difference is that this is my son, not my husband, and there is usually an expectation that a son or daughter will leave their family home and set up a home of their own, so at some stage they're not expected to return to this address (although his nickname is 'boomerang'!).

No consideration of that is taken in the decision of sole or main residence, what matters are the facts - where would he return to if he lost his job, became ill and couldn't remain abroad etc

MumOf2

Thanks, CIS.

SAR - does this mean that I'd be liable for Council Tax based on their interpretation of my son's primary residence being my address, but not be able to apply for SAR because he's not actually resident? From 1 December he'll only be earning £70 per week, which is well under the SAR limit.

He's only earning max £170 per week at the moment so am applying for SAR between now and 1 December and should get 15% discount.

Sole or main residence - there are lots of places he could go to: his father, his grandparents, friends in London, relatives abroad. It's like looking into a crystal ball! I'm just a bit concerned that the Council will just go on and on charging me full Council Tax on the premise that this is his sole or main residence when he isn't living with me and is very unlikely to return to this address, just because they 'think he might do some time in the future'. This could go on until I die!

MumOf2

CIS

SAR - does this mean that I'd be liable for Council Tax based on their interpretation of my son's primary residence being my address, but not be able to apply for SAR because he's not actually resident? From 1 December he'll only be earning £70 per week, which is well under the SAR limit.

As the owner/tenant of the property you would always be liable for the council tax whilst resident.

2AR is paid to recompense someone for the loss of a 25% discount because there's another person who lives in the property, if his sole or main residence isn't in the property then there is no second adult to claim 2AR for.

Sole or main residence - there are lots of places he could go to: his father, his grandparents, friends in London, relatives abroad. It's like looking into a crystal ball! I'm just a bit concerned that the Council will just go on and on charging me full Council Tax on the premise that this is his sole or main residence when he isn't living with me and is very unlikely to return to this address, just because they 'think he might do some time in the future'. This could go on until I die!

True, but if his main home has currently been with you and he plans to return at a later date (even if only in cases where he lost his job, fell ill etc) then its likely that a determination of sole or main residence would have him as still being resident with you.

MumOf2

Thanks again. I've read the cases you cited - they make for very interesting reading. Obviously there are several tests and it's the balance of these tests which is persuasive as well as earlier case law.

Things have moved on a bit and following two telephone conversations with the Council Tax people, I've applied for a SAR from 27th June. They'll re-assess the situation from 1st December when my son goes to France.

As you seem to know a bit about all this, could I ask another question? My long-term partner works and lives 250 miles away, both of us own and live in separate homes, both work for different Universities and are unable to live together until we retire, we keep completely separate finances. We see each other as and when we can - usually for 2 days every 3/4 weeks in one house or the other, at conferences and so on. Obviously wouldn't be to everyone's taste but we just can't compromise our respective careers.

For various reasons we would like to get married next year but the status quo in relation to where we work and live, separate finances, assets, etc. will remain (formalised by Deed of Trust). How will this affect our Council Tax liability? Will we have to pay 100% CT on both homes?

Any advice appreciated.

MumOf2

CIS

Your marriage wont change anything - partners,civil partners and spouses are all treated the same- so providing you keep separate homes as you do now then you will both have your 'sole or main residences' in separate properties and be able to keep your respective discounts.

MumOf2

Thanks for your advice. At least we don't have Council Tax to add to the list of considerations!

MumOf2

temba

It's daft isn't it... I took in a lodger for 5 months, and had to declare it and pay the full council tax, but it doesn't seem to work the other way round.