council tax problem- partner not on voters role

magikmarky

hi there,

i am self employed and have done really bad over the last two years. apparently i would have been elegible for not paying council tax or certainly severely reduced. i never claimed as i was hoping my business would pick up but unfortunately things have only got worse. now i want to try and claim the CT benefit but i have a little problem.

my partner has been living with me for the last two years but has never been registered on the voters roll. i want to claim the benefit but even though we were eligible for CT benefit, i am worried if i now put her on the voters roll they will try and claim back council tax . she is already part of my claim for working tax credit and family tax credit as we have had two kids together within a short space of time. she has lived in this country for about 6 years but is originally from poland.

what i want to know what is the best way to get this benefit without getting into trouble. as iv said i should have been getting this benefit a few years ago but i never dreamed that things would get as hard as they are now. i paying my creditors £1 a month due to my poor financial situation and have spoken to cccs about 3 months ago so it wont be hard to prove how poor i am. some people have advised me to say she has just come back from poland but i am worried about saying this in case of any furhter implications. she was last on a voters role just over two years ago so how do i explain the gap without getting into trouble or more debt.

appreciate any help on this matter as they have now obtained court order to chase me. im not trying to defraud anyone-im just looking for the most effective way of getting the benefit im entitled to ,but im worried they punish me re the singles persons allowance even though with my income ,we were entitled to the CT benefit

thx in advance,

mark

dmg24

Council Tax Benefit can only be backdated if you have good reason for not applying earlier. Not being aware that you were entitled is not good reason.

Claiming the Single Persons Discount whilst not living alone is fraud.

molerat

Council Tax Benefit can only be backdated for a maximum of six months with reasons as stated by dmg24 above. When you get found out for the fraud you will have to pay back all you owe whether you get benefit or not so best get registered for benefit and come clean. The sooner you do it the less risk of a prosecution. As your partner is already registered as part of your family it is only a matter of time.

John_Pierpoint

dmg24 wrote: »

Council Tax Benefit can only be backdated if you have good reason for not applying earlier. Not being aware that you were entitled is not good reason.

Claiming the Single Persons Discount whilst not living alone is fraud.

I would have thought it is Tax Evasion?
Does single person discount involve an annual check, which must have been answered with a lie?
Thus "obtaining a pecuniary advantage by deception"?

magikmarky

i have lived at my current address for 10 years and always claimed single persons allowance. This was until two years ago when my partner got pregnant and moved in. shortly after we had twins born 14 weeks early just after id setup my own business and had a nightmare. one son died and the other had a lengthy stay in hospital. then had a logistical nightmare trying to sort out all child and family related benefits- even had to prove my other son had died to the benefite office- very sensitive!! all this time i never changed the council tax roll as it was the least of my worries-i am still fending off phone calls and letters re my debt while struggling to live day-to-day. even before my partner moved in i was eligible for CT reduction due to low income but as i said i never got round to changing it due to fear of more reprisals against me ( inland revenue want about £2000 grand working tax back due to confusion over working tax forms- but thats another story!!).

in summary i have paid them far more than i should have been, based on my income, but now i am in severe debt problems and have no choice but to try and address the problem. i would like to tell the council the exact truth but i feel that they will not be refunding the extra CT i paid but rather pursuing me for the extra 25%. my biggest fault was not telling them strightaway but ill freely admit i was a mess for a long time afterwards and only in the last 4 months, have i been able to think more clearly and try and get on top of my problems. not trying to defraud anyone just want whats fair as in the best way possible.

thx again, mark

p.s. i was genuinely the only person living here the whole time until my pregnant partner moved in.

lincroft1710

The "crime" is usually referred to as "Council Tax Fraud".

dmg24

John_Pierpoint wrote: »

I would have thought it is Tax Evasion?
Does single person discount involve an annual check, which must have been answered with a lie?
Thus "obtaining a pecuniary advantage by deception"?

Tax evasion is a type of fraud. I am not sure what specific offence it is normally prosecuted under, but I would agree that it would meet the criteria for obtaining pecuniary advantage.

dmg24

magikmarky wrote: »

i have lived at my current address for 10 years and always claimed single persons allowance. This was until two years ago when my partner got pregnant and moved in. shortly after we had twins born 14 weeks early just after id setup my own business and had a nightmare. one son died and the other had a lengthy stay in hospital. then had a logistical nightmare trying to sort out all child and family related benefits- even had to prove my other son had died to the benefite office- very sensitive!! all this time i never changed the council tax roll as it was the least of my worries-i am still fending off phone calls and letters re my debt while struggling to live day-to-day. even before my partner moved in i was eligible for CT reduction due to low income but as i said i never got round to changing it due to fear of more reprisals against me ( inland revenue want about £2000 grand working tax back due to confusion over working tax forms- but thats another story!!).

in summary i have paid them far more than i should have been, based on my income, but now i am in severe debt problems and have no choice but to try and address the problem. i would like to tell the council the exact truth but i feel that they will not be refunding the extra CT i paid but rather pursuing me for the extra 25%. my biggest fault was not telling them strightaway but ill freely admit i was a mess for a long time afterwards and only in the last 4 months, have i been able to think more clearly and try and get on top of my problems. not trying to defraud anyone just want whats fair as in the best way possible.

thx again, mark

p.s. i was genuinely the only person living here the whole time until my pregnant partner moved in.

You really need to be honest and then work with the authority to see how you can pay back the monies you owe. Given the timeframe involved, I would not be surprised if they take this matter further. If you were fit enough to claim other benefits in the relevant period, I cannot see any valid reason why you could not advise the LA of your change in circumstances.

lincroft1710

It is against the rules and spirit of the forum to give advice which incites/encourages a member to commit fraud/crime. I can only advise you to inform the council that you erroneously forgot to inform them you are no longer entitled to SPD.

John_Pierpoint

You cannot get blood out of a stone.
Being irresponsible(?) and incompetent (?) is not yet a crime.
Perhaps we should advise the OP to file for bankruptcy?
Who owns the property?
Are there any other assets that can be sold?
I think the local authority might understand the costs of having a single mother as their responsibility.

harryhound

Could this problem find a sympathetic reception on the "Debt-free wannabe" section of the forum?

I think the poster is at least facing up to his responsibilities - is this a worse situation than applying for "a liar loan" and bringing Northern Rock to its knees.