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!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Council Tax benefit?

Hello,

I have just been made redundant recently and have applied for a council tax claim....

I have bought my parents home and live there just now and all our names are on the mortgage. I recieved a letter this morning about my claim and on it, it says........in order to apply for council tax benefit i am required to have a liability at the property however they note from their records that my parents are liable and ask for documents to show that i am owner or have part ownership.

I understand this but i have just found out that my pensioner parents pay the full council tax.

My sister who is unemployed and a couple of friends that don't work only pay something like £20 a month, my mother has just told me that she pays £34 a week.

Surely a couple of old age pensioners don't have to pay this off their pension money when jobseekers only pay nothing or £20 a month?

My parents are quite proud and don't like to claim for benefits or anything that they should be entitled to so i thought i would find out about this as i have some time in my hands at the moment while i search for a job.

Appreciate any help on this matter.

Cheers.

Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I have bought my parents home and live there just now and all our names are on the mortgage. I recieved a letter this morning about my claim and on it, it says........in order to apply for council tax benefit i am required to have a liability at the property however they note from their records that my parents are liable and ask for documents to show that i am owner or have part ownership.

    It appears that you have not informed the local council that you are the resident owner . Legally, As the resident owner you should have been shown as the liable person for council tax since the date you have bcame resident owner.
    I understand this but i have just found out that my pensioner parents pay the full council tax.

    My sister who is unemployed and a couple of friends that don't work only pay something like £20 a month, my mother has just told me that she pays £34 a week.

    They shouldn't be paying anything as they are not liable - you are.
    Surely a couple of old age pensioners don't have to pay this off their pension money when jobseekers only pay nothing or £20 a month?

    There are plenty of rich pensioners about - this is why its based on income and not age ( in most cases) - just because of someones age they shouldn't not have to pay if they are financially able to contribute.
    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.
  • nannytone_2
    nannytone_2 Posts: 13,012 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    as your parents are on the mortgage too, the council tax payable is based on all 3 incomes. it isn't payable 'per person' and the only applicable discount is 25% for a single occupant.
    if your parents income is sufficient then no discount is warrented.
  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    Here is the hierarchy of liability for council tax

    http://www.adviceguide.org.uk/index/life/tax/council_tax.htm

    Usually one person, called the liable person, is liable to pay council tax. Nobody under the age of 18 can be a liable person. Couples living together will both be liable, even if there is only one name on the bill. This applies whether the couple is married, cohabiting or in a civil partnership.
    Usually, the person living in a property will be the liable person, but sometimes it will be the owner of the property who will be liable to pay.
    The owner will be liable if:
    • the property is in multiple occupation, for example, a house shared by a number of different households who all pay rent separately; or
    • the people who live in the property are all under the age of 18; or
    • the property is accommodation for asylum seekers; or
    • the people who are staying in the property are there temporarily and have their main homes somewhere else; or
    • the property is a care home, hospital, hostel or women's refuge.
    ...

    If only one person lives in a property they will be the liable person. If more than one person lives there, a system called the hierarchy of liability is used to work out who is the liable person. The person at the top, or nearest to the top, of the hierarchy is the liable person. Two people at the same point of the hierarchy will both be liable.
    The hierarchy of liability is:
    1. a resident owner-occupier who owns either the leasehold or freehold of all or part of the property
    2. a resident tenant
    3. a resident who lives in the property and who is a licensee. This means that they are not a tenant, but have permission to stay there
    4. any resident living in the property, for example, a squatter
    5. an owner of the property where no one is resident.
  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    By the way, you can check benefit entitlements at the Citizens Advice Bureau or on the Turn2us online benefit calculator.
  • J-Pop
    J-Pop Posts: 91 Forumite
    Thanks for the replies.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The CAB site is quite general - it could do with being re-written.
    Usually one person, called the liable person, is liable to pay council tax. Nobody under the age of 18 can be a liable person. Couples living together will both be liable, even if there is only one name on the bill. This applies whether the couple is married, cohabiting or in a civil partnership.

    The CAB site can be misleading in that it suggests that one person is usually liable (the vast majority of cases there are two or more liable) and people under 18 can be liable - the site doesn't differentiate between liability and actually have a charge to pay.
    If only one person lives in a property they will be the liable person.

    Not always.
    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.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.3K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.4K Spending & Discounts
  • 247.3K Work, Benefits & Business
  • 604K Mortgages, Homes & Bills
  • 178.4K Life & Family
  • 261.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.