Council won't give me 25% discount

tomorrowsgottabeeasier

Please could anyone explain to me what to do next? My partner was made redundant and moved in with me for nine months. He has since returned to where he used to live as he got new employment and we are living seperately. I notified the council of his new address and claimed my single adult discount but the council said as we were married I could not claim.

I pointed out that we were not married and living 157 miles apart, they then said we were classed as a civil partnership and I could not claim as he came to my house twice a month to see me?

Is there anything I can do? Thank you for taking the time to read this.

Wee_Willy_Harris

Does he pay C tax anywhere else?

tomorrowsgottabeeasier

He is living with his mum and dad but is registered up there

Wee_Willy_Harris

If he is on their council tax, you should get the discount. But this may well be the start of a deeper investigation into your circumstances.

tomorrowsgottabeeasier

Not sure what you mean by deeper investigation? I have been totally honest with the council about our living arrangements and with the tax credit agency, my house is up for sale at the moment so that I can move up to be with my partner. Surely it is unfair that I have to pay and his parents as well? When my husband left me and moved in with another woman it took 18 months of battle to get the discount then also, I only recieved it when my solicitor sent a stern letter. Why is it such a battle?

CIS

The council have to safeguard the public finances, unfortunately there are so many people fiddling the system that it makes it more difficult from to claim discounts and exemptions that they are entitled to.

If he is registered elsewhere and can show that his 'sole or main residence' is not in your property then you can claim the discount.

Wee_Willy_Harris

Because people are sometimes less than honest and the council has a duty to ensure that public money isn't being spent where it shouldn't be.

tomorrowsgottabeeasier

Thank you both for your help.

suelees1

They should accept what you tell them if you are not living together. They often won't apply the 25% if they have no forwarding address but this is not lawful.

http://www.opsi.gov.uk/acts/acts1992/ukpga_19920014_en_2#pt1-ch1-pb4-l1g11

CIS

The Local Government Finance act 1992 is the enacting lesgislation for council tax and sets out that discounts are to be available for council tax but it does not set out that a person has to be given a discount.

It sets out that discount can be given if their is one resident however to determine there is only 1 resident the council have to be satisified that a discount is actually applicable.

WhiteHorse

tomorrowsgottabeeasier wrote: »

My partner was made redundant and moved in with me for nine months.

So he was on the electoral roll at your address?

He has since returned to where he used to live as he got new employment and we are living seperately.

Is he on the electoral roll at the new address?

I notified the council of his new address ...

Notifying the council tax office is NOT the same as the electoral roll department. Thus he could still be showing as being at your address, even though the council has been 'told'.

... but the council said as we were married I could not claim.

They have made a statement as to fact. Immediate FOI for all documents relating to this 'fact'.

I pointed out that we were not married and living 157 miles apart, they then said we were classed as a civil partnership ...

Ask them to prove that this is so.

... and I could not claim as he came to my house twice a month to see me?

This is nonsense, they are making it up as they go along. Ask them to show you the law.