Council Tax Benefit Quandry

minimadtrix

I hope someone with substantiate CT Benefit knowledge can help me with this quandry.

My husband lives in a property I own which I moved out of some months ago to start a new job in a new area. We are still together as a couple, but living apart.

When I moved out of the area, I contacted the Council Tax office to ask what would happen. The lady told me that I could remove myself from the Council Tax bill if I did not intend in moving back, even for a day, to the property. I said this would be the case due to me moving to the other end of the country. She informed me that it was quite common for couples to live apart and, as such, it was common practice for this to happen with the bill So, OH gets a 25% discount on HIS counci tax bill.

I pay council tax in my new rented property, getting a 25% discount.

OH, who is in receipt of IB, DLA & a small pension, then enquired if he was entitled to CT Benefit, explaining our circumstances and that it was his intention, once the property sold, that he would be joining me where I am now.

They said that he would be able to claim CT Benefit and, after having his claim escalated to the manager to check this was correct, it was agreed that he should be able to make a claim in his own rights, without my wages coming into play. That was back in July. Today, he has rung me to say that he's received a letter from the CT Benefit office saying they should be taking my money into consideration as we will be a couple again one day.

We have done everything by the letter and asked the council for their advice throughout. Now, they say that OH has to repay all his benefits if it is found that collectively we earn too much for benefits.

So, my questions are:-
Can they make him pay the money back, when it was their error?
Should they be including me in a claim when I'm not even part of the CT Bill
Will there be any considerationtaken into account that we are living separately and both paying out separate bills in different places.

I realise that it was my decision to move away from the family home, but we didn't expect it would take so long to sell the house!!

Thanks in advance for any help or advice anyone can give me

CIS

When I moved out of the area, I contacted the Council Tax office to ask what would happen. The lady told me that I could remove myself from the Council Tax bill if I did not intend in moving back, even for a day, to the property. I said this would be the case due to me moving to the other end of the country.

If you were moving away completely and severing the ties with the property & area then they have advised you regarding the fact the you have stated that your 'sole or main residence' is no longer in the property. However it does sound like your still a couple and should be regarded as such for benefit claims.

She informed me that it was quite common for couples to live apart and, as such, it was common practice for this to happen with the bill So, OH gets a 25% discount on HIS counci tax bill.

Unless they are a very generous (and awarding them wrongly) its actually quite unusual for couples who have already been living together as most will retain the 'family' home as their main residence even whilst living away.

Can they make him pay the money back, when it was their error?

Yes - even if the CTB was awarded in error it can still be re-claimed in the vast majority of cases.

Should they be including me in a claim when I'm not even part of the CT Bill

They can do if the decide that your 'sole or main residence' remained at the home with your partner.

Will there be any considerationtaken into account that we are living separately and both paying out separate bills in different places.

Not unless it affects the determination of your 'sole or main residence'

OH, who is in receipt of IB, DLA & a small pension, then enquired if he was entitled to CT Benefit, explaining our circumstances and that it was his intention, once the property sold, that he would be joining me where I am now.

I can see why the council have decided that your 'sole or main residence' has remained at your partners home and why they have decided you are still a couple for benefit purposes. Living in seperate houses does not always remove the fact that your still a couple and financially linked.

There are two seperate appeals which would be needed :

1) You need to appeal the 'sole or main residence' decision with the council firstly and then a Valuation Tribunal for the final say if your not happy with the reconsideration.

2) For the CTB you need to firstly appeal to the benefit section at the council and then if your not happy you need to make a formal appeal to a tribunal.

paddedjohn

If you can prove that you are paying council tax elsewhere then there shouldnt be a problem with getting the 25%discount. I dont see how the council could try and stop this or claim it back as the discount is awarded for sole adult occupency which is what is occuring here.

dmg24

paddedjohn wrote: »

If you can prove that you are paying council tax elsewhere then there shouldnt be a problem with getting the 25%discount. I dont see how the council could try and stop this or claim it back as the discount is awarded for sole adult occupency which is what is occuring here.

It is not nearly as simple as that.

minimadtrix

Thanks for the advice. I think, as far as the Council Tax Dept are concerned, they have accepted that my main residence is not where OH lives - hence why they have taken me off the bill.

My 'issue' if you like is that one dept is saying that we are living separate lives, because I have a tenancy agreement somewhere else, and I think the 25% discount will continue as single occupancy, but another dept wants to see us remain as a couple.
What interests me is, if we decide, when the house sells, that we don't want to resume our 'couple' status, will they then refund the benefits that they originally said OH was entitled to (said tongue in cheek of course)

I'm not sure if anyone can give any better answers if they know that me and OH have separate bank accounts and are not financially linked in any way (the mortgage and deeds to the house are in my name only)

CIS

My 'issue' if you like is that one dept is saying that we are living separate lives, because I have a tenancy agreement somewhere else, and I think the 25% discount will continue as single occupancy, but another dept wants to see us remain as a couple.

Its quite easy for this to happen as the rules for council tax and council tax benefit are seperate.

What interests me is, if we decide, when the house sells, that we don't want to resume our 'couple' status, will they then refund the benefits that they originally said OH was entitled to (said tongue in cheek of course)

No - the decision would only change from the date it happened. So if you decided to split up tomorrow the change of circumstances would only be applied from tomorrow.

CIS

If you can prove that you are paying council tax elsewhere then there shouldnt be a problem with getting the 25%discount. I dont see how the council could try and stop this or claim it back as the discount is awarded for sole adult occupency which is what is occuring here.

It it was that simple it would have saved me literally days of work over the last few years.