Council Tax Exemption - Disputed Legislation - Settlement Spouse Visa

BigStan

Hi, my question is not complicated BUT you need to read it well to see where logic prevails and where my question is.. I will be as brief and clear as possible (I HOPE!):rotfl: (Sorry I have to take the www part from the front of the links, because I cant post them yet)

I am British and have just started Uni (Sept 11), my wife is Brazilian. She currently has 'no recourse to public funds' on her visa. She will have this for 3yrs from Feb 11, after that she will have citizenship and no restrictions. She IS allowed to work.

Now, if I lived on my own, I would have a full 100% council tax student exemption. IF I have 'regular' person living with me, I would get a 25% discount.

The council tax guide (by the government) link below, says in section 12 p.8-9 that;

You will not be counted (for council tax) if you are the spouse, civil
partner or dependant of a student, are not a British
Citizen, and are prevented by the terms of your
permission to be in the UK either from taking paid
employment or from claiming benefits.

communities.gov.uk/documents/localgovernment/pdf/1198171

Now, to understand my stance, I am siding with the arguement of UKCISA, who if you read the 3rd answer and question down, on the next link (much better explained than by me).

ukcisa.org.uk/student/info_sheets/council_tax.php

Bascially, my arguement is this, the very legislation (link, yes another one is below) does not specify that, because she can work, she does not fall under the other part of the sentence, which states 'or'. SO to me, it's one or the other, it is irrespective that she can work.

legislation.gov.uk/uksi/1995/620/regulation/4/made

UKCISA explain it better, but I have also been to see a solicitor (unfortunately he dealt with a different type of benefit cases) and he looked over it and said that unless there is another legislation that is reference this issue, the wording does favour what I am saying.

I have currently raised this with the council and have escalated it past their stage 2 complaints system, which is to start a tribunal, as they see it as she can work that I need to pay. I would to know if anybody has had the same problem or similar experienc?

I understand I am playing on the wording, but I am sure everybody would agree that councils and government DO the same and would were it favoured them.

Thanks for your time (if you make it this far!!):T

BigStan

Sorry, the question on the UKCISA site that is relevant is

I live with non-students: do I have to pay the tax?

Students living only with their spouse, civil partner or family

Just to make it clearer!!

drwho2011

What does her visa say, does it say?

Is it limited leave to remain or indefinite leave to remain?

As long as its "limited leave to remain" the I believe your interpretation is correct.


Look at the following link, "foreign students and their spouses"

http://www.southampton.gov.uk/living/counciltax/exemption.aspx

BigStan

Thanks for your response Drwho.

Yes, she has limited leave to remain. She will only get her 'indefinite leave to remain' in two years time.

There are quite a few other council websites that seem to be able 'understand' english, Leeds, Canterbury, Chorley, to name just a few who seem to agree with my interpretation.