We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Council won't give me 25% discount
Comments
-
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.
Satisfised according to what?
Is there anything factual for this decision, such as the fact he is registered elsewhere? Or is it down to the whim of the opinion of whoever is on shift that day?All over the place, from the popular culture to the propaganda system, there is constant pressure to make people feel that they are helpless, that the only role they can have is to ratify decisions and to consume.0 -
For council tax purposes a person who is your patner is treated the same as a husband or wifeI 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.9 Liability of spouses
(1) Where—
(a) a person who is liable to pay council tax in respect of any chargeable dwelling of which he is a resident and any day is married to another person; and
(b) that other person is also a resident of the dwelling on that day but would not, apart from this section, be so liable,
those persons shall each be jointly and severally liable to pay the council tax in respect of the dwelling and that day.
(2) Subsection (1) above shall not apply as respects any day on which the other person there mentioned falls to be disregarded for the purposes of discount by virtue of paragraph 2 of Schedule 1 to this Act (the severely mentally impaired).
(3) For the purposes of this section two persons are married to each other if they are a man and a woman—
(a) who are married to each other; or
(b) who are not married to each other but are living together as husband and wife.Satisfised according to what?
As to whether the requirements of council tax legislation are met with regards to residencey of the persons involved.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 -
In my experience they really do make it up as they go along.Deepmistrust wrote: »Is there anything factual [...] Or is it down to the whim of the opinion of whoever is on shift that day?
I have been on the receiving end of the most fantastic nonsense from council officials. Normally when you challenge them, their first response is to lie more and to resort to threats."Never underestimate the mindless force of a government bureaucracyseeking to expand its power, dominion and budget"Jay Stanley, American Civil Liberties Union.0 -
For council tax purposes a person who is your patner is treated the same as a husband or wife
As to whether the requirements of council tax legislation are met with regards to residencey of the persons involved.
Ah, so council tax being a tax that is basically a payment towards local services, is applied also to people that may also live and make the same payment elsewhere, and do not live in the area/borough as a partner/expartner, but they have to pay for their services anyway, despite not living there - in this case paying and living elsewhere - miles away, effectively paying twice.
Unlike other benefits (WTC etc) this tax applies to PERSONS RESIDENT in the property.
I sincerely don't see why you defend this madness.All over the place, from the popular culture to the propaganda system, there is constant pressure to make people feel that they are helpless, that the only role they can have is to ratify decisions and to consume.0 -
You've missed the point.For council tax purposes a person who is your patner is treated the same as a husband or wife.
The council is now put to proof. A wild assertion that they are shacked up together is not acceptable. The council must demonstrate that this is so."Never underestimate the mindless force of a government bureaucracyseeking to expand its power, dominion and budget"Jay Stanley, American Civil Liberties Union.0 -
WhiteHorse wrote: »In my experience they really do make it up as they go along.
I have been on the receiving end of the most fantastic nonsense from council officials. Normally when you challenge them, their first response is to lie more and to resort to threats.
I honestly beleive most mistakes are as the result of staff incompetance. The rest are usually flawed government policy (as in this case).
Over zealous council officials are abound, still what with pay freezes and such who can blame them for desperately trying for that promotion.All over the place, from the popular culture to the propaganda system, there is constant pressure to make people feel that they are helpless, that the only role they can have is to ratify decisions and to consume.0 -
WhiteHorse wrote: »You've missed the point.
The council is now put to proof. A wild assertion that they are shacked up together is not acceptable. The council must demonstrate that this is so.
PRECISELY! This is the point I was getting to, where it basically boils down to the opinion of some council (i.e. government) official.
Of course we all want our lives in the hands of THOSE people *not*.All over the place, from the popular culture to the propaganda system, there is constant pressure to make people feel that they are helpless, that the only role they can have is to ratify decisions and to consume.0 -
Ah, so council tax being a tax that is basically a payment towards local services, is applied also to people that may also live and make the same payment elsewhere, and do not live in the area/borough as a partner/expartner, but they have to pay for their services anyway, despite not living there - in this case paying and living elsewhere - miles away, effectively paying twice.
Many people are liable on more than one property at the same time.Unlike other benefits (WTC etc) this tax applies to PERSONS RESIDENT in the property.
Residencey for council tax purposes is not just a case of living in the property 7 days a week. A person can live away from a property for years at a time and still be resident for council tax.
The partner may well be resident elsewhere but the local authority have made the decision and the OP must challenge it but appealing to the local authority and then a Valuation Tribunal if needed.
If the council has enough evidence to back up their side of the case they will present it if requested and will present it to the tribunal if it gets that far.
At the end of the day we have only what the OP has posted (not saying whether what they state is correct or not) and we have no evidence of what the local authority has to prove the residencey. For all we know the OP could have a solid case or may be trying to defaud the council, we dont know.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 -
Many people are liable on more than one property at the same time.
Residencey for council tax purposes is not just a case of living in the property 7 days a week. A person can live away from a property for years at a time and still be resident for council tax.
The partner may well be resident elsewhere but the local authority have made the decision and the OP must challenge it but appealing to the local authority and then a Valuation Tribunal if needed.
If the council has enough evidence to back up their side of the case they will present it if requested and will present it to the tribunal if it gets that far.
At the end of the day we have only what the OP has posted (not saying whether what they state is correct or not) and we have no evidence of what the local authority has to prove the residencey. For all we know the OP could have a solid case or may be trying to defaud the council, we dont know.
We only take a poster at face value. The responses given, (should at least) be given on the basis of them being truthful. I.e baseless assumption and prejudice should be kept out of any advice given.
On the basis that this persons 'partner' is resident for council tax purposes 157 miles away, and the property in question already has a (single) occupier, then I still fail to see how the absents unconnected person is (by default liable) preventing the SINGLE occupier from claiming SINGLE persons discount.
Like I said, there are some rules that are indefensible.All over the place, from the popular culture to the propaganda system, there is constant pressure to make people feel that they are helpless, that the only role they can have is to ratify decisions and to consume.0 -
You mean likeThe responses given, (should at least) be given on the basis of them being truthful. I.e baseless assumption and prejudice should be kept out of any advice given.I honestly beleive most mistakes are as the result of staff incompetance. The rest are usually flawed government policy (as in this case).
Over zealous council officials are abound, still what with pay freezes and such who can blame them for desperately trying for that promotion.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
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.3K Banking & Borrowing
- 253.7K Reduce Debt & Boost Income
- 454.4K Spending & Discounts
- 245.4K Work, Benefits & Business
- 601.2K Mortgages, Homes & Bills
- 177.6K Life & Family
- 259.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards