Council tax single rebate

Prudent

My partner and I both have our own house. They are within the same council. We lived apart and both paid our own council tax as single people. A few months ago I became very ill and my partner moved in for a few weeks to look after me. As I started to get better renovation work started on his house. At first he stayed at his house some nights, but now it is unhabital as it is a full renovation (rewire, replumb, new kitchen, bathroom, windows, doors, re plaster etc). He is probably going to live here full time for a few months. We have both continued paying are CT as normal. However I am concerned that I am still claiming a discount as a single person household. Partner thinks this is fine as he is still paying CT on his property. Does anyone know what we should be paying?

Horseunderwater

No idea. Why not ring up council tax dept and ask?

pmlindyloo

Prudent wrote: »

My partner and I both have our own house. They are within the same council. We lived apart and both paid our own council tax as single people. A few months ago I became very ill and my partner moved in for a few weeks to look after me. As I started to get better renovation work started on his house. At first he stayed at his house some nights, but now it is unhabital as it is a full renovation (rewire, replumb, new kitchen, bathroom, windows, doors, re plaster etc). He is probably going to live here full time for a few months. We have both continued paying are CT as normal. However I am concerned that I am still claiming a discount as a single person household. Partner thinks this is fine as he is still paying CT on his property. Does anyone know what we should be paying?

As far as I am aware and from what is stated here

http://www.adviceguide.org.uk/england/tax_e/tax_council_tax_ew/council_tax.htm

(Look at 'Discounts')

your partner is a 'disregarded person' as he is not resident at your property. Therefore you can still claim the discount.

Your partner may also be able to claim further discount on his property while it is inhabitable. However, I believe the rules about this vary from council to council.

Why don't you give them a ring and ask? You may go from worrying about claiming too much to finding you can claim even more!

Prudent

Thank you both:) The reason I haven't phoned and asked is that I am concerned about how accuarate they will be. I had an awful lot of hassle with them a couple of years ago when my daughter left college. I needed this forum to help me sort out their errors. It took me three months to get back over £200 which they made me pay in error. It doesn't inspire confidence!

Prudent

pmlindyloo wrote: »

As far as I am aware and from what is stated here

http://www.adviceguide.org.uk/england/tax_e/tax_council_tax_ew/council_tax.htm

(Look at 'Discounts')

Thanks for the link . It applies to England only. I can't find one for Scotland.

xylophone

http://www.adviceguide.org.uk/scotland/tax_s/tax_council_tax_s/council_tax_scotland.htm

Prudent

Thank you It does look like we could actually claim full discount on his house and just pay the extra 25% on this one then.

I would prefer to leave things as they are after my hassle with the council last year. This means between us would would pay more (.75 x 2), but wouldn't be that much more to pay now anyway as we both pay over 10 months. Is it ok to that? The council gain rather than lose.

Red_dog_Sam

It all really depends on what is your partners "sole or main residence" and that can be a point of debate. It's not just about the time spent living in one property or the other , things like security of tenure (e.g. ownership), finincial arrangements and intent to return are also factors. So with an intent to return to an owned address following renovation work, it is reasonable to say it remains his main residence even though he is currently living with you. In that case, both of you are still entitled to the 25% single person discount at your respective properties.
As you realise, the alternative might be that there is no intent to return and that things like financial arrangements e.g. bank accounts etc are being moved over to your address. This would create a case for your property being his main residence. At which point you would pay 100% but the empty property could potentially attract an exemption as empty and unfurnished (class C) or maybe undergoing extensive structural repair (class A).

Prudent

Thank you Red-dog_Sam that was very helpful. There is an intent to return and all his mail goes there and everything remains linked to that address. Neither of our properties are mortgaged. Only our own names are on the title deeds. We are not financially linked at all. He is really just here while the work goes on. Both houses have points we like and we want to decide after the renovations which one we will keep or we may sell both and buy another.We are then intending to get married and will then pay full council tax as a couple.

DonaldDoors

Council tax law in England and Scotland are more or less the same, though recovery procedures differ as do the legal systems.

See the Local Government Finance Act 1992, section on Scotland.

By the way, a number of posters, including some who say they work for councils, are posting incorrect information about what is commonly nicknamed a 'single person discount'.

The facts of the law in both countries is that this is a discount of the appropriate amount (set at 25% currently) and that it applies on any day when only one adult who is not disregarded has his or her sole or main residence at the property. The law specifies who falls to be disregarded. Disregard categories are NOT types of discount. There is NO obligation to tell the CT department if you are no longer the only adult resident as long as other adult residents fall to be disregarded. I mention this since a great many councils, especially those using Northgate and Capita to administer council tax get this wrong, and threaten people with civil penalties for not doing something when there has been no wrong doing and no civil penalty can lawfully be applied.

Prudent wrote: »

pmlindyloo wrote: »

As far as I am aware and from what is stated here

link to guide omitted here

(Look at 'Discounts')

Thanks for the link . It applies to England only. I can't find one for Scotland.

DonaldDoors

For sole or main residence see the leading case, Williams and Horsham District Council. I cannot post a link here but if you search using Google, you will soon find the whole case report.