Council Tax Single Person Discount

Graham29

Hi

I have a younger sister who currently claims single person's discount on her council tax bill. She is worried at the moment that she isn't entitled and I was hoping for some clarification please!
She lives and owns her own home and has a boyfriend. He stays over roughly 3 nights a week, arriving at 8.00pm and leaving for work at 7.00am, they spend every other wkend together too. He doesn't pay her anything, no shared accounts etc. He still lives with his father and pays him rent every month.
Does she need to inform the Council Tax people. His father doesn't get the single person's discount as he isn't classed as living alone, the boyfriend has all his bills registered at his fathers and is on the electoral roll at that address.
She isn't on any other benefits, works full time and no children.

Any thoughts?

Thanks
Graham

[Deleted User]

so out of 14 nights he lives with her for around 8 of them,personally i`d say she doesnt live alone
look at it this way a couple could live together and pay full ct even if one of them worked away 5 days a week(not unusual)

RAS

i suspect that sine her BF lives and pays rent in a different household (and effectively contributes to CT there) and is on the electorl roll there, she remains a single person.

Oldernotwiser

I don't think that the BF can be counted twice, if he's considered to be living with the GF then dad should get the single person's discount.

Personally, I agree with RAS that he's not likely to be counted as living with her.

Graham29

woodbine wrote: »

so out of 14 nights he lives with her for around 8 of them,personally i`d say she doesnt live alone
look at it this way a couple could live together and pay full ct even if one of them worked away 5 days a week(not unusual)

I understand that, but surely both people would be contributing to the mortgage/bills etc?

If she pays the full CT, then his Dad could apply for the dicount, yet he would still pay his Dad rent and have all his mail sent there, that could look a bit dodgy as well! Maybe neither should get the discount just to be safe! Seems to be such a grey area!

RAS

No it is not.

he pays CT at his dad's address.

CIS

She lives and owns her own home and has a boyfriend. He stays over roughly 3 nights a week, arriving at 8.00pm and leaving for work at 7.00am, they spend every other wkend together too. He doesn't pay her anything, no shared accounts etc. He still lives with his father and pays him rent every month.

Council Tax single person discounts are based on a person's 'sole or main residence'.

If the boyfriend is resident elsewhere - has post at that address, has his dr's at the other address, has all his property at that address etc - then he is not resident in her house for council tax purposes. She will be able to retain her discount until the point it becomes his 'sole or main residence'.

Be aware though that the decision belongs to the local authority in question - if they decide he is resident at her house then you may have to go to a Valuation Tribunal to argue the case if they wont reverse their decision.

SHIPSHAPE

CIS wrote: »

Council Tax single person discounts are based on a person's 'sole or main residence'.

If the boyfriend is resident elsewhere - has post at that address, has his dr's at the other address, has all his property at that address etc - then he is not resident in her house for council tax purposes. She will be able to retain her discount until the point it becomes his 'sole or main residence'.

Be aware though that the decision belongs to the local authority in question - if they decide he is resident at her house then you may have to go to a Valuation Tribunal to argue the case if they wont reverse their decision.

The question is about her entitlement to a single person discount.

The chap spends more time during the year at the OP's address than at his fathers so therefore the OP is not a single inhabitant.

It would be for the chap to argue the toss.

CIS

Her entitlement to a single person discount rests entirely on her boyfriends sole or main residence.

A sole or main residence determination cannot be made just on the basis he spends time their - council tax is not that straight forward.

SHIPSHAPE

CIS wrote: »

Her entitlement to a single person discount rests entirely on her boyfriends sole or main residence.

A sole or main residence determination cannot be made just on the basis he spends time their - council tax is not that straight forward.

Granted, CTB is not that straight forward but I can tell you now that a calculation of her bf living at her house more days out of the year than not will be a determination, if not the determination used by her authority.

CIS

Granted, CTB is not that straight forward but I can tell you now that a calculation of her bf living at her house more days out of the year than not will be a determination, if not the determination used by her authority.

Its not CTB that's in question - its council tax.

I deal with sole or main residence determinations on a regular basis. The time spent can be a factor used but it isn't the only factor used - case law has already ruled on that fact.