Student Council Tax summons

QSGreg

I am a full time student. My wife does not work. we have 1 child in school and 2 pre-school.
Both me and my wife have received a summons for council tax (one each) for periods Nov-Mar 2010 and Apr 2010- Mar 2011 for £770.53.

I went to the council office this morning and explained
1. I am a full time student and do not pay CT.
2. During the summer period the amount my wife is required to pay is greatly reduced because our household income drops when student funding ceases for the summer. Therefore the amount they think we owe (after correcting the amount for student error described above) will change further to reflect our drop in income.

Additionally,
3. In response to another letter from them asking me, now the end of term has come, what I intend to do over the summer vacation period; how we were going to support ourselves, detail other benefits etc.. I had to hand in a written response providing details.

I was told that the summons will remain and they will still seek liability order - 'Because any change in liability can only be confirmed after re-assessment', so they will ask for the liability order and then ammend how much they demand from us at a later date.
Given point 3 above, they must have know my status to ask me if it had changed.

I called the magistartes court where the order is to be made, to find out if this was procedurally correct. They told me they did not know and I should ask a solicitor!

I am concerned that once a liability order is made I will be exactly that, even though I am exempt. Also, it does not appear to be a very efficient way of approaching ammendment to liability for my wife either (applying for an order for an amount which they know will change and is clearly incorrect)

Can anyone tell me if there is a way to have this ammended before the court date (27th July). Can I get the court to make the council re apply for the correct amount? Any other constructive suggestions?

Thanks in advance for any help.

Oldernotwiser

Did you give the council your Student Exemption Certificate when you became a student and did your wife apply for Council Tax Benefit?

Fiddlestick

QSGreg wrote: »

1. I am a full time student and do not pay CT.

Not quite.

You are a full time student but can CLAIM exemption - it is not automatic and they will still charge you the council tax unless you prove otherwise.

Generally this requires a stamped letter from your institution confirming your FT status.

Did you submit this for the relevant periods?

QSGreg

Hello Oldernotwiser & Fiddlestick, thanks for looking at my query.

Yes, I provided a letter at the beginning of this acedemic year from Uni advising my status along with student financial support summary from SFE.
My wife is in receipt of HB and was also assessed for CT at the same time.

dmg24

QSGreg wrote: »

Hello Oldernotwiser & Fiddlestick, thanks for looking at my query.

Yes, I provided a letter at the beginning of this acedemic year from Uni advising my status along with student financial support summary from SFE.
My wife is in receipt of HB and was also assessed for CT at the same time.

Did you receive confirmation of your amended CT bill?

QSGreg

I moved to my current address (from another county) when I was already a student, therefore I did not have a non student assessment before my current one.

dmg24

QSGreg wrote: »

I moved to my current address (from another county) when I was already a student, therefore I did not have a non student assessment before my current one.

Did you receive a CT bill that reflected your exemption and CTB?

QSGreg

I received a bill with a 'discount' on it dated 14th April 2010 (£2103.42 -£1770.40) the last value has 'benefit 01 APR 2010 31 MAR 2011' written next to it.
So Dmg24, I think the exact answer to your question is, the discount could reflect my exemption, but I do not have anything in writing from the council saying words to the effect of 'this discount is because you have told us you are a student and you are exempt'.

dmg24

The given discount would appear to be CTB not a student exemption, as it does not amount to 25% (plus it would normally state exemption).

Do you have proof of submitting the exemption?

Have you been paying anything?

QSGreg

I don't have any proof of submitting the exemption letter, this council does not issue receipts for documents, unlike previous area - I could get the student support officer who issued it to write a letter stating one was issued to me, but that's all.

We have paid nothing to date.
More Questions..
1. re: 25% discount, in a 'normal' situation, would the resultant amount be used for CTB calculations (for my wife's CTB, in our case) or is the pre-discounted figure used?
2. From the above, it would appear likely that I am not viewed as an exempt student. If I resubmit the letter, can this be retrospectiveley applied to the start of the claim?

CIS

1. re: 25% discount, in a 'normal' situation, would the resultant amount be used for CTB calculations (for my wife's CTB, in our case) or is the pre-discounted figure used?

It would be the figure after any discounts or exemptions have been applied - the CTB awarded cant exceed the amount of Council Tax actually payable.

2. From the above, it would appear likely that I am not viewed as an exempt student. If I resubmit the letter, can this be retrospectiveley applied to the start of the claim?

You are disregarded for council tax purpsoes only when a qualifying F/Tstudent and only when the council are aware of this fact, if they dont have the information then you are not disregarded.

If you are a F/T student for Council Tax purposes then your Council Tax account should show your wife as the person liable for any Council Tax due with a 25% discount.

When did you start your course, what type of course is it and how many hours do you do per week ?