Taken to court - non payment council tax

carolannie

Any advice would be great, thanks.
I was swapped from ESA to JSA in February.
I didn't realize I had to inform the council that I had a change of circumstances, till a month later, when I got a letter saying my benefit was suspended.
So I rang and was told to bring proof of benefit, child tax credit, and a bank statement in to get them copied.
I did that but have now got a court summons for non payment of that council tax and also a letter seeking possession of my housing association home (I had kept them informed of a mix up, but that it would be sorted)

I have just come back from the council, after being told to make a new claim and to ask for my benefit to be back dated.
She told me that the DWP should have told them I had a change in benefit and that it shouldn't have gone this far, as she could see I had brought in proof weeks ago.

But that I should go to court and explain what has happened. But she seems to think I might end up getting fined and not getting my benefit backdated!

I'm gutted! I have rung the council tax 3 times and done as I was told, yet I'm still being taken to court.

Dunroamin

Were you claiming HB and CTB previously?

carolannie

Yes. only thing that changed was I went from ESA to JSA

back later to check for replies and thank you again

CIS

But that I should go to court and explain what has happened. But she seems to think I might end up getting fined and not getting my benefit backdated!

The court cannot fine you and cannot make any decision on your Council Tax benefit.

The only thing the magistrate can do is make a decision on whether the balance is due and you are the person who should pay it - if so then the court will grant the Liability Order. Any issues regarding Council Tax Benefit claims are not taken in to account.

You can ask the council to cease action but that would be solely their decision.

carolannie

thank you. i will ring again tomorrow and see what they say. i want to go to court and tell them what is going on.

CIS

i want to go to court and tell them what is going on.

Short of speaking to the council officers who attend their is no point, the court cannot do anything about any benefit queries or disputes over benefit - it makes no difference to their decision making process.

meg72

Sorry bit confused here, are you being taken to court for non payment of council tax or for possession of your home.

carolannie

council tax.
i have had a notice of possession from my landlord but they have told me not to worry and keep them up to date with what is happening.

so what happens at court?
it shouldn't have gone this far as i have done what the council told me.

they had all proof of benefit but haven't sorted my claim out

CIS

so what happens at court?

The court hearing is for the granting of a liability order - effectively the court are agreeing that the person named on the summons owes the balance due (any council tax benefit related issues cannot be considered).

If the court are happy that the summons is in the correct name and the amount is due then they will grant the Liability Order - if a person does not dispute the summons the court will grant an order on the basis that it is correct.

If a person disputes the order AND has a valid defence then the court will either refuse the order or issue it for a lower amount if they believe the amount stated on the summons is wrong (e.g you have proof a missing payment had been made to the council)

they had all proof of benefit but haven't sorted my claim out

The legal requirement is that council tax is paid as per the last council tax demand you were sent until such time as any benefit is awarded and you are advised of the new amount due.

In council tax law a claim for council tax benefit has no special treatment, any council tax benefit you may be credited with is regarded no differently to a cash payment.

carolannie

Well. I went back into the council this morning and saw someone else.
He said not to worry, it will get sorted.
He said it's their fault for being so behind with my claim and it will be sorted soon.
I will get my benefit backdated and shouldn't get a fine.
He said don't bother going to court as the summons will get cancelled if the benefit gets sorted before the court date.
Otherwise, they have hundreds of cases like this and it doesn't really mean anything, as my benefit will get sorted!

CIS

He said don't bother going to court as the summons will get cancelled if the benefit gets sorted before the court date.
Otherwise, they have hundreds of cases like this and it doesn't really mean anything, as my benefit will get sorted!

They've used their discretion. They could have continued with the Summons but they've decided not to.