Can benefits overpayment be added onto CT bill, even though its non-priority debt??

Angel89_2

Lodgers also have to pay council tax if its agreed when they move in that they will be liable to pay it... lol


(Quote from a council website)
Council Tax Benefit in detail

There are two types of benefit available to help you pay the Council Tax:

1. Council Tax Benefit which is the main scheme and depends on your own personal circumstances
   2nd Adult Rebate which is designed for people who are solely liable for the Council Tax and have other adults living with them (other than a partner or lodger) on a low income
2. You cannot get both Council Tax Benefit and 2nd Adult Rebate. If you make a claim for both, the Council will work out your entitlement and award the benefit that gives you most help. If you are entitled to either main Council Tax Benefit or 2nd Adult Rebate, your award will be credited to your Council Tax account

Entitlement to Council Tax Benefit
Anyone who is liable to pay Council Tax can claim.
The amount you receive depends on your personal circumstances. In some cases it is possible to receive benefit to cover 100% of the charge.
Like Housing Benefit, if you have someone over 18 living with you who is not your partner, lodger or a sub-tenant then they will be classified a non-dependant, and a deduction may be made according to that persons circumstances.
2nd Adult Rebate - You can claim if you are liable for Council Tax and you have someone over 18 sharing your home who is not your spouse or partner, who is not a lodger or tenant, and who is not liable for the council tax.
You cannot claim 2nd Adult Rebate if you are living with your spouse or partner and they are not discounted for Council Tax purposes.
2nd Adult Rebate will depend on the financial circumstances of the other adults living with you. Your own income will not be used
The maximum you can receive is 25% of your Council Tax liability.

CIS

Lodgers also have to pay council tax if its agreed when they move in that they will be liable to pay it... lol

Wrong .

The lodger has no council tax liability - see Reg 6 of the Council Tax (administration and enforcement) regs 1992. A personal agreement cannot override legislation.

As you have a higher interest in the property then under the 'hierarchy of liability' you are the person liable for the council tax - the lodger has none. If she was a joint tenant or your partner then she would have equal liability.

Angel89_2

lol

Well i will go by what the councils webistes and the entitledto says...


Even if its wrong an i have to pay the 25% extra so what?? LOL

Its £20 extra per month..., so il just minus that from the £360 rent she is paying and i still get £340 extra per month that will keep me from worrying so much.

Macro_3

Angel89, the quote you have posted has nothing to do with the subject - it's not even relevant.

Your lodger will not be liable for the council tax, ever. She therefore cannot be paid CTB. You will become liable for the whole 100%. If you try to suggest that she is liable and manage to convince the CT department that this is the case (and I don't rate your chances much), then the Housing Benefits assessor will just pick up the discrepancy when they come to assess your claim and it will cause more problems.

Welshwoofs

This person is, I'm afraid, either a troll or a total idiot.

He can't get a lodger without his private landlord's approval. In another thread he's considering creating a tenancy agreement for this girl that he has no legal entitlement to make as he's not the property owner or leaseholder.

He's also leaving out the small fact that he lives in a studio flat. There is no separate bedroom for this girl, it's all shared space which is going to make a claim as a single person just a tad difficult.

Angel...I'm interested by one thing...you apparently have HB overpayments. How did you manage to get HB in the first place? From what you've said on other threads you currently have a full-time job and before that you were making "a very good income" by importing goods for sale on Ebay and day trading...neither of which you declared to the tax man by your own admission.

So do I take it that whilst you were making this 'very good income' you were also defrauding the state of benefits? I'd guess that as you didn't declare your income to the tax man it'd not be too difficult to 'forget' to declare it to the benefits people either.

....and you still want to get into the police force? I guess you may stand an outside chance as the local constabulary's office cleaner :rotfl:

mazza1985

Macro wrote: »

Angel89, the quote you have posted has nothing to do with the subject - it's not even relevant.

Your lodger will not be liable for the council tax, ever. She therefore cannot be paid CTB. You will become liable for the whole 100%. If you try to suggest that she is liable and manage to convince the CT department that this is the case (and I don't rate your chances much), then the Housing Benefits assessor will just pick up the discrepancy when they come to assess your claim and it will cause more problems.

Hello? Has anybody miss the fact that the lodger is ON BENEFITS and is therefore disregarded for council tax? So op will keep 25% discount :rotfl:

mazza1985

And also, my tenancy clearly states that my studio flat can have TWO people living in there. Does not say they have to be a couple!

Welshwoofs

mazza1985 wrote: »

And also, my tenancy clearly states that my studio flat can have TWO people living in there. Does not say they have to be a couple!

Tenancy agreements also generally state that you can't sub-let and you can't just invite someone else to live with you without the LL's permission.

mazza1985

No, the OP would clearly have to get permission off her landlord and split the rent equally between them.

Macro_3

mazza1985 wrote: »

Hello? Has anybody miss the fact that the lodger is ON BENEFITS and is therefore disregarded for council tax? So op will keep 25% discount :rotfl:

I haven't missed anything. The lodger will not be disregarded for council tax (if you are referring to single person discount) benefits or not. Disregarded adults are listed here:
http://www.doverdc.co.uk/council_tax/disregards.aspx

If you are referring to second adult rebate, then the second adult might seem 'disregarded' as there would be a 25% discount if they were on JSA IB, pension credit or IS. Unfortunately that does not apply if the second adult pays rent to the OP. Even if it did, the system works out the better buy and as the OP is on benefits himself, the better buy is likely to be full council tax benefit rather than 2AR.

In short, no discount.