Council Tax Benefit - does someone understand this regulation?

minimadtrix

I also quote from the Countil Tax regulations 2006 their definition of couple:-

“couple” means—
(a)
a man and a woman who are married to each other and are members of the same household;

(b)
a man and a woman who are not married to each other but are living together as husband and wife;

(c)
two people of the same sex who are civil partners of each other and are members of the same household; or

(d)
two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,

We are married and, once the property is sold, OH will be joining me in the new area, but definition (a) does not apply as I'm not a member of the same household as him

minimadtrix

dmg24 wrote: »

It sounds like this is your husband, not just a partner, and you own the house? Do you no longer have financial links?

Yes we are married.

No we have never had any financial links - the mortgage/house are both in my names and we have separate bank accounts.

DeeT_2

In that case, your partner has correctly claimed CTB. I assume you used to live together, which is why the council think it's still your home. In reality, you have now made your home, and your life elsewhere, and for CTB purposes are no longer classed as a couple. You need to write to them and explain the position, perhaps a copy of your CTAX registration documents for your current address would help.

dmg24

minimadtrix wrote: »

Yes we are married.

No we have never had any financial links - the mortgage/house are both in my names and we have separate bank accounts.

How has he contributed to the household? If he has been living rent free, then you are financially linked because you are subsidising him.

minimadtrix

dmg24 wrote: »

How has he contributed to the household? If he has been living rent free, then you are financially linked because you are subsidising him.

Sorry, I thought financialy linked was such things as would link you on a credit rating. I pay the mortgage, he pays the bills - the bills are solely in his name.

minimadtrix

DeeT wrote: »

In that case, your partner has correctly claimed CTB. I assume you used to live together, which is why the council think it's still your home. In reality, you have now made your home, and your life elsewhere, and for CTB purposes are no longer classed as a couple. You need to write to them and explain the position, perhaps a copy of your CTAX registration documents for your current address would help.

I did this when they asked me to send my financial detalis to them. They said that it is possible for a couple to live apart and still pay 2 separate CT bills.

DeeT_2

It's irrelevant who pays the mortgage. If he lives there alone, the Council Tax bill should be solely in his name. As the CTax payer, he is eligible to apply for CTB. You don't live there, so he should be assessed on his income only. The only sticking point is whether the mortgage payments should be classed as a part of his income, but I would argue it's a voluuntary arrangement and voluntary payments are disregarded. A landlord who rents out a property doesn't have to be included as part of a person's household, even if he does pay the mortgage. In this case, you're just not charging rent!

dmg24

minimadtrix wrote: »

Sorry, I thought financialy linked was such things as would link you on a credit rating. I pay the mortgage, he pays the bills - the bills are solely in his name.

So you are still financially linked. If you were not in a relationship with this person, these arrangements would not exist. It is difficult to judge it on the information given, but I don't think it is as simple as you feel it should be.

DeeT_2

I did this when they asked me to send my financial detalis to them. They said that it is possible for a couple to live apart and still pay 2 separate CT bills.

Yes, it is, but that's usualky when a couple are forced to live apart, perhaps through work commitments, but they still consider themselves a couple in every other aspect, and there is an intention to return. That doesn't sound like it's the case here, or have I misunderstood?

dmg24

DeeT wrote: »

It's irrelevant who pays the mortgage. If he lives there alone, the Council Tax bill should be solely in his name. As the CTax payer, he is eligible to apply for CTB. You don't live there, so he should be assessed on his income only. The only sticking point is whether the mortgage payments should be classed as a part of his income, but I would argue it's a voluuntary arrangement and voluntary payments are disregarded. A landlord who rents out a property doesn't have to be included as part of a person's household, even if he does pay the mortgage. In this case, you're just not charging rent!

It is not a commercial arrangement, so the landlord argument is irrelevant. Plus, the fact that it is not a commercial arrangement points towards it being a familial relationship.