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Urgent help with council tax query!

Hi, I have a situation that I am so desperate for answer to so any help is really appreciated!

The situation is that a person is moving back home to live with parents as they cannot afford to live alone anymore. The issue is that the parents receive certain benefits which therefore mean that they are exempt from paying council tax. Does this therefore mean that the person moving back home to reside with parents would then be liable for the entire council tax bill? The person would not be paying rent and would only occupy one room.

Or as the person who is liable to pay is exempt does this mean that council tax is not payable for anyone who lives at the address?

Many thanks in advance for your help!
«1

Comments

  • suelees1
    suelees1 Posts: 1,617 Forumite
    The person moving back in will be classed as a non dependant and the persons liable for council tax will have a non dependant deduction from any council tax benefit (in most cases)
    I'll get you, my pretty, and your little dog too!
  • suelees1
    suelees1 Posts: 1,617 Forumite
    edited 15 October 2011 at 8:34PM
    I assume when you say 'exempt' you mean they have full council tax benefit ?

    If one of the people liable (the householders) are in receipt of the care component of DLA and/or the person who moves in with them is under 25 and in receipt of a means tested benefit such as ESA or JSA income related or Income Support then they are disregarded in any case
    I'll get you, my pretty, and your little dog too!
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The issue is that the parents receive certain benefits which therefore mean that they are exempt from paying council tax

    They are not exempt - they are getting their council tax charge paid by council tax benefit, if they were exempt there would be no council tax due.
    Does this therefore mean that the person moving back home to reside with parents would then be liable for the entire council tax bill?

    The resident owners/tenants are liable for council tax due on a property.
    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.
  • Thanks so much for your quick response! I have another question - does this mean that the people who are not currently paying council tax, may end up paying a portion of council tax as a result of the non-dependant moving back in?
    Basically its me moving back in with my mum and I dont want her to end up being out of pocket by me moving back in. Equally I cant afford to pay her massive council tax bill either! I want to get all the fact right as I dont want to move back and then recieve a massive bill through the post.

    The thing is I am only moving back for a few months then leaving again.
  • suelees1
    suelees1 Posts: 1,617 Forumite
    Yes she will lose some of her council tax benefit. The amount will depend on what you earn
    I'll get you, my pretty, and your little dog too!
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    does this mean that the people who are not currently paying council tax, may end up paying a portion of council tax as a result of the non-dependant moving back in?

    Potentially - it depends both on their circumstances and yours.
    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.
  • suelees1
    suelees1 Posts: 1,617 Forumite
    edited 15 October 2011 at 9:04PM
    http://dwp.gov.uk/publications/specialist-guides/technical-guidance/rr2-a-guide-to-housing-benefit/what-you-can-claim-for/non-dependants/

    Refer to this bearing in mind you're the non-dependant Scroll down to the section re non-dep deds for ctb
    I'll get you, my pretty, and your little dog too!
  • That link is really helpful, thanks!

    My brother already lives there, he works normal hours etc and is 20. He is registered to vote, but my mum has already confirmed that she does not lose any benefit because of him, so I am not sure how my situation would be any different.
    Katie
  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
    katie5486 wrote: »
    Thanks so much for your quick response! I have another question - does this mean that the people who are not currently paying council tax, may end up paying a portion of council tax as a result of the non-dependant moving back in?
    Basically its me moving back in with my mum and I dont want her to end up being out of pocket by me moving back in. Equally I cant afford to pay her massive council tax bill either! I want to get all the fact right as I dont want to move back and then recieve a massive bill through the post.

    The thing is I am only moving back for a few months then leaving again.

    If you are worried about this, why do you say in your first post, "The person would not be paying rent"?
  • I am paying some of the bills but not specifically rent.
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