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council tax owe me !!!

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fudgy_2
fudgy_2 Posts: 2 Newbie
edited 27 May 2010 at 9:41AM in Boost your income
Firstly sorry if this has been done ...it's a huge forum and I can't find exactly what I am looking for.


I work 17 hours , receive a contribution of housing benefits/working tax creds and child tax creds, but nothing towards council tax except my single persons allowance ..25%

That's how it has been for two years .. I have periodically questioned my eligibility for council tax over the two years , but told each time I wasn't entitled to it.

I made one more attempt a couple of weeks ago , and it transpires that I AM entitled to nearly £10 a week .

This has now been sorted and I have the joy of paying 36 a month instead of 76 .....

but what about those two years !!!

the person dealing with my claim looked doubtful at my ever getting it back , and said I have to write a letter.

my questions for you...

Am I entitled to get it back ?

Do you they have to give me cash as opposed to credit off my future bills ?

If my letter fails , what do I do next.

my finances and situation hasnt changed in these two years ..same job/same child minder/same wage/same property.

thankyou so much

fudgy :beer:

Comments

  • fudgy_2
    fudgy_2 Posts: 2 Newbie
    sorry , I posted in the wrong bit :eek:
  • geordie_joe
    geordie_joe Posts: 9,112 Forumite
    1,000 Posts Combo Breaker
    I would think you are entitled to a refund as they have over charged you.

    When North Dorset council owed my about £70, because they had over charged me, they wrote and told me they owed it and asked if i wanted the money refunded or knocked off next years bill.

    I told them I wanted cash and they sent a cheque.

    I suppose it might depend on the local council, but I don't see why you should not be paid cash.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Council Tax Benefit is something which must be claimed, you are not automatically entitled to it even if you would have been eligible at the time.

    Backdating is limited to 3 months however this can be re-considered if you were mis-lead or mis-directed by them.

    Council Tax Benefit is never paid as cash, it is offset as a credit againt the actual council tax liability for the period in question. Any re-payment would come out of any cash payments you had made.
    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.
  • geordie_joe
    geordie_joe Posts: 9,112 Forumite
    1,000 Posts Combo Breaker
    CIS wrote: »
    Council Tax Benefit is something which must be claimed, you are not automatically entitled to it even if you would have been eligible at the time.

    You don't have to claim it, and you are automatically entitled to it in some circumstance.

    When I lost my job not long ago I signed on, then went to the council offices and asked for a housing benefit and council tax benefit claim form. I was given a bl**dy great book to fill in. Two days later I had got to the last couple of page of the book, but didn't quite understand a question.

    So I phoned the council for clarification. When I explained the woman said "What are you filling that in for, your claims for housing and council tax benefit have already been approved and have gone through". When I asked how she said "You claimed JSA, so you are automatically entitled to the housing and council tax benefits and they are automatically processed at the same time as your JSA claim. We are all joined up by the computer system now, so no need to fill in several claim form as we all share the information"
    CIS wrote: »
    Council Tax Benefit is never paid as cash, it is offset as a credit againt the actual council tax liability for the period in question. Any re-payment would come out of any cash payments you had made.

    But the op isn't talking about getting council tax benefit paid in cash. He/she is talking about getting the cash back that they paid when they should have been on CT Benefit, but weren't due to being misled.

    If you read my post you will see it is a similar thing. I paid my council tax in advance, then became eligible for council tax benefit for the last month, so they gave me the cash back for that month.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You don't have to claim it, and you are automatically entitled to it in some circumstance.

    CTB cannot be claimed without a claim being completed, whether it be by completing an HB/CTB claim form or the alternative form used by the Jobcentre, either way a claim has to be lodged.
    If you read my post you will see it is a similar thing. I paid my council tax in advance, then became eligible for council tax benefit for the last month, so they gave me the cash back for that month.

    Whether the OP gets any money back depends on what they have paid, if they have paid cash and then been given CTB then they would be refunded out of the money they have already paid.
    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.
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