Council Tax and retrospective benefits.

mcscoty1973

Hello all.

I am trying to help my girlfriend get out of debt she has with not paying council tax over a number of years.

Most of the time she was unemployed and on Income Support benefit and what I want to know is if she should have been paying council tax while on Income Support or not, and if the answer is no, can she get these debts cancelled out so all she will owe is for the couple of years when she was working.

The debt has been transferred to Stirling Park now and she fotunatley is working and making a payment to them on a weekly basis but we are looking at nearly 3.5k of debt which will take her at least 6 years to pay off. She is only on the minimum wage.

I feel like she foolishly ignored the council tax demands and also may not have applied for benefits she was entitled to at the time. In fareness part of this was due to her have a major operation on her brain where she was unable to work because of this, and obviously not thinking about things like council tax and benefits.



Any advice welcome.

dmg24

She would have been entitled if she was on IS, but she would have to have made a claim in order to receive it. Even with good reasons for not applying earlier, backdating will rarely be made for more than six months.

mcscoty1973

dmg24 wrote: »

She would have been entitled if she was on IS, but she would have to have made a claim in order to receive it. Even with good reasons for not applying earlier, backdating will rarely be made for more than six months.

Excuse my ignoance, but if you are on Income Support/Housing Benefit isn't it part of the whole process to apply for council tax benefit at the same time, and if this isn't done then is it the fault of the council for allowing this to happen (and my girlfriend of course)

I just think if she can prove she was entitled to benefit then that should be taken into account even if it is late. The council can quite happily back date payments that they have never claimed for years and dont make any bones about it, why not her?

Wishful thinking on my part no doubt. Just out of interest, would she have had to pay any council tax if she was on Income Support/Housing benefit or would she not need to have paid this (if the claim was made)

dmg24

mcscoty1973 wrote: »

Excuse my ignoance, but if you are on Income Support/Housing Benefit isn't it part of the whole process to apply for council tax benefit at the same time, and if this isn't done then is it the fault of the council for allowing this to happen (and my girlfriend of course)

I just think if she can prove she was entitled to benefit then that should be taken into account even if it is late. The council can quite happily back date payments that they have never claimed for years and dont make any bones about it, why not her?

Wishful thinking on my part no doubt. Just out of interest, would she have had to pay any council tax if she was on Income Support/Housing benefit or would she not need to have paid this (if the claim was made)

No, the onus is on the claimant to make a claim. It would be usual for a CTB claim to be made alongside a HB claim - are you sure this did not happen? Does she have any of her old HB award letters?

calleyw

mcscoty1973 wrote: »

Wishful thinking on my part no doubt. Just out of interest, would she have had to pay any council tax if she was on Income Support/Housing benefit or would she not need to have paid this (if the claim was made)

Yes it is wishful thinking as dmg24 said. It is down to the claimant to find out what they are entitled to.

Ignorance of what you claim is not a reason for back dating. I do understand that your GF has been ill.

But the council and DWP will say that is not there problem.

Yours

Calley

mcscoty1973

dmg24 wrote: »

No, the onus is on the claimant to make a claim. It would be usual for a CTB claim to be made alongside a HB claim - are you sure this did not happen? Does she have any of her old HB award letters?

I dont think so, I will need to ask her but she is at work just now. I think the answer will be no sadly.

It does seem unfair though. If your entitled to it at the time and you can prove it then it should be allowed. If the council realised they made an error 5 years ago they would still be happy to request you pay it.

Wish there was something that could be done because its unreasonable if you were entitled to it at the time and can prove it. She is gradually getting her life back in order now and having this hang around her next for the next six years is going to be a right bummer.

I would consider helping her out if there was going to be some benefit, but as it stands I am of the view of making them wait for their cash because she is effectivly having to pay more that she should have. Even if it was her fault.

mcscoty1973

calleyw wrote: »

Yes it is wishful thinking as dmg24 said. It is down to the claimant to find out what they are entitled to.

Ignorance of what you claim is not a reason for back dating. I do understand that your GF has been ill.

But the council and DWP will say that is not there problem.

Yours

Calley

Yep Calley I somewhat agree with you and a little bit of wishful thinking never does anyone any harm...even if deep down I know she is on to a hiding for nothing. To be fair this email isnt' down to my girlfriend, she is happy to pay what she owes, I just dont want to see her getting ripped off.

I think though, if when she was claiming Housing benefit, which I believe council tax benefit is part and parcel, it is not only my girlfriend but the council who should take responsibility for this error and therefore it should be backdated.

terryw

OP

As dmg24 has pointed out it would be usual for Hb and CTB to be claimed on the same form - here is one example of such a form but there are others:
http://www.dwp.gov.uk/advisers/claimforms/hctb1_print.pdf

If as you indicate, your girlfriend did receive HB then CTB should also have been received.

CTB can only be claimed for one dwelling. The position could be complicated if, for some reason, she was liable for CT on two dwellings (not likely I know)

dmg24

terryw wrote: »

OP

As dmg24 has pointed out it would be usual for Hb and CTB to be claimed on the same form - here is one example of such a form but there are others:
http://www.dwp.gov.uk/advisers/claimforms/hctb1_print.pdf

If as you indicate, your girlfriend did receive HB then CTB should also have been received.

CTB can only be claimed for one dwelling. The position could be complicated if, for some reason, she was liable for CT on two dwellings (not likely I know)

I agree it would be usual for both to be on the same form, but I have seen examples of LA issued forms that are separate.

mcscoty1973

terryw wrote: »

OP

As dmg24 has pointed out it would be usual for Hb and CTB to be claimed on the same form - here is one example of such a form but there are others:
http://www.dwp.gov.uk/advisers/claimforms/hctb1_print.pdf

If as you indicate, your girlfriend did receive HB then CTB should also have been received.

CTB can only be claimed for one dwelling. The position could be complicated if, for some reason, she was liable for CT on two dwellings (not likely I know)

Thanks Terry, so it would appear that once you claim for Housing Beneift it SHOULD be automatic for Council Tax Benefit....

I will need to speak to the girlfriend when she gets in from work and try and find out what the reason for her being charged coucil tax then, as I dont really understand.

Am I correct if thinking if she is entitled to full housing benefit, she would not need to pay council tax? Can and do the council revoke this right if you are in arreers by any chance.

Thanks for your help everyone.

terryw

mcscoty1973 wrote: »

Am I correct if thinking if she is entitled to full housing benefit, she would not need to pay council tax? Can and do the council revoke this right if you are in arreers by any chance.

Probably entitlement to full HB would allow for full CTB if it was self-contained dwelling only for that family.

The council can't revoke entitlement to benefits because of CT arrears.