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Rules for Council Tax Single Person's Discount?
devasue
Posts: 18 Forumite
My 77-year-old widowed mother has had a threatening letter from the council claiming they believe she is not entitled to the 25% single person's discount she gets for her Council Tax bill.
They state they have carried out a number of checks with an external agency and they have indicated there are one or more additional undeclared adults living in her home.
All we can think this is caused by is that I stay with her most weekends (usually two nights). I otherwise have my own flat more than 100 miles away and pay my own council tax there. The only other factor is that some of the utility bills come in joint names (gas and electricity) and my name (BT) because when we moved in, I helped set them up for her. She is hard of hearing and couldn't manage the long phone calls required to set them up. The mortgage is also in both our names.
I've tried to look for the rules on what qualifies for Single Person's Discount and all I can find is that in order to be liable to pay Council Tax on a property, it must be your "main residence". But my own flat is my main residence.
Does anyone know what the exact rules are - am I OK staying 2 nights (or even more) at my mum's while I pay my own Council Tax elsewhere?
My mum has been asked to contact the council ASAP to discuss her claim. They only gave her seven days from the date on the letter to do this - on a letter posted second class (effectively giving her five days)! So any prompt advice appreciated as our seven days runs out on Tuesday (Dec 15). Thanks in advance.
They state they have carried out a number of checks with an external agency and they have indicated there are one or more additional undeclared adults living in her home.
All we can think this is caused by is that I stay with her most weekends (usually two nights). I otherwise have my own flat more than 100 miles away and pay my own council tax there. The only other factor is that some of the utility bills come in joint names (gas and electricity) and my name (BT) because when we moved in, I helped set them up for her. She is hard of hearing and couldn't manage the long phone calls required to set them up. The mortgage is also in both our names.
I've tried to look for the rules on what qualifies for Single Person's Discount and all I can find is that in order to be liable to pay Council Tax on a property, it must be your "main residence". But my own flat is my main residence.
Does anyone know what the exact rules are - am I OK staying 2 nights (or even more) at my mum's while I pay my own Council Tax elsewhere?
My mum has been asked to contact the council ASAP to discuss her claim. They only gave her seven days from the date on the letter to do this - on a letter posted second class (effectively giving her five days)! So any prompt advice appreciated as our seven days runs out on Tuesday (Dec 15). Thanks in advance.
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Comments
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The evidence is quite damning I'm afraid. Staying over isnt the issue but couple that with you being liable for her bills and having your name on it (and the mortgage!), certainly does warrant investigation.
You say she is hard of hearing etc, does she claim any benefits for this?
Vader0 -
Although I'm sure you/she can prove the situation, it does look as if they have reasons to investigate it.
I'd be prepared to explain the situation in detail and provide details of your own home/bills to prove that you don't live there.0 -
Does she get attendance allowance? If so it may be that you are classed as a carer, which would mean that the 25% discount would not be affected as you are 'invisible' (do a google search)
Even if you are not officially a carer under AA, I'd still explain that the reason you are there at weekends is that you are her carer and deal with her financial affairs etc. If you produce evidence for the fact that you live and work 100 miles away, and pay council tax there (and presumably utility bills and are on the electoral roll there) should hopefully explain the situation, although there is no guarantee, and the fact that the mortgage is in joint names could be quite a big hurdle to get over.I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
The majority of council's now carry out these reviews (the one I work for did one about 2 years ago) as per government audit office.
Your main resdience remains at your flat and therefore you are fine regarding your discount and so is your mother as she is the only one who has her main residence at her home.
She needs to contact the council and explain the situation and provide a copy of your council tax bill showing you are resident elsewhere - as long as your the only other name showing for that address there shouldn't be an issue.
I tended to find that those who weren't entitled to the discount didn't come back and shout about the letter , they tended to keep quiet and realised they'd been caught out. Those who where legitimate contacted us and usually the issue was resolvd easily.Does she get attendance allowance? If so it may be that you are classed as a carer, which would mean that the 25% discount would not be affected as you are 'invisible' (do a google search)
The carers diregard could not be applied for in this case.
His 'sole or main residence' is not at the flat so there would be no entitlement for him to claim this unless he hi mother house became his 'sole or main residence'.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
The evidence is quite damning I'm afraid. Staying over isnt the issue but couple that with you being liable for her bills and having your name on it (and the mortgage!), certainly does warrant investigation.
You say she is hard of hearing etc, does she claim any benefits for this?
Vader
Hi - no, she doesn't claim any benefits. As my mum is 77 I help her organise her accounts/bill-paying etc, so was just trying to help her out by having a few bills (not all) in my name.
I've since discovered there's a document on the Direct Gov site that's a guide to council tax that states "you cannot have more than one main home for council tax purposes" (I can't post links on here yet).
So if I prove I am paying my own Council Tax elsewhere, surely that will be enough?0 -
devasue - you are correct that you can only have one 'sole or main residence'. See my post above for advice on how to proceed.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0
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No - she's very fit. But like everyone of 77 she needs a bit of help at weekends, including administering her bills. I distinctly remember we ended up with the BT account in my name because she could not hear or understand the people on the other end of the phone! The British Gas bill (which is in joint names) has never even had our surname spellt correctly because the call centre couldn't spell it!zzzLazyDaisy wrote: »Does she get attendance allowance? If so it may be that you are classed as a carer, which would mean that the 25% discount would not be affected as you are 'invisible' (do a google search)
Even if you are not officially a carer under AA, I'd still explain that the reason you are there at weekends is that you are her carer and deal with her financial affairs etc. If you produce evidence for the fact that you live and work 100 miles away, and pay council tax there (and presumably utility bills and are on the electoral roll there) should hopefully explain the situation, although there is no guarantee, and the fact that the mortgage is in joint names could be quite a big hurdle to get over.0 -
Thanks. Yes, I am the only occupier and named person on my own Council Tax (I get 25% discount as well). I'll ask for a copy of my bill (I have paper-free billing, but am sure I can get one).devasue - you are correct that you can only have one 'sole or main residence'. See my post above for advice on how to proceed.0 -
The 25% discount is the key as it shows that you are declaring the property as your main residence - its one of the first things I'll check with other council's if we have this sort of issue.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0
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I also meant to ask - just out of interest - do you know what investigation they will have done? The letter states: "I have carried out a number of checks with an external agency....". My mum doesn't like to think that people have been snooping outside on her. As she lives on her own (and was burgled while she was in the house not too long ago), it makes her nervous to think people may have been watching her on the council's behalf. Or will the investigations just centre on some of the bills being in joint names - without people watching the house? What does the snooping entail?devasue - you are correct that you can only have one 'sole or main residence'. See my post above for advice on how to proceed.0
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