Advice please Council Tax

bpd317

Hi
Can someone please help with a query i have received about council tax. I work for a charity and the following has come up.

We have a client who is £4500 in arrears since 2009 at 3 addressees.
They have a mental health condition to which the gp has signed a form saying they are permanent and have been so since an initial 2003 diagnosis and a formal diagnosis in 2009.
They have been unable to manage due to anxiety.
They are a lone parent with children of 5, 16(in school) and 20 (working, but also acts as carer when needed)

The query is.....
The council want the arrears at £250 a month, this is a huge amount and the council admit not having up to date income expenditure.
Can they use the eldest income in means testing even though he does not pay rent.
Although there are arrears, the client was unaware he could claim CTB and when he did he was confused about the amounts he was getting and paid.
He is now classed as vulnerable on the council system, only found out when I called them, they also said that they were under budget and needed to get money back.
He wonders what can be done, he is now tryign to sort his debts but this matter is causing stress.
I am considering the fact they have not treated him in accordance with local policy.
Any views please

miduck

Why does the son not pay towards the household?

What income do they (the family) have, and have they now submitted an up to date I&E form?

BigAunty

I can't answer all your questions but if you look at the council website, they should have a non-dependents deduction table that shows how much council tax benefit the tenant will lose for an adult child who resides with them who is in employment. It is a sliding scale based on how much the ND earns but there are exemptions for various reasons, such as when the tenant is disabled, I believe. However, do check the table as it's complex.

It is irrelevant to this calculation whether or not the son pays 'rent'. If a household has non-dependent adults in employment, it is expected that they chip intowards household expenses rather than the state purse paying full council tax and full housing benefit to the named tenant. To ensure that the taxpayer doesn't fund all accommodation costs when there is money coming into the household, this is managed through NDDs to the tenant - it is expected that they find the shortfall from the person who is earning (and in fact, some benefits that the ND receives may also affect the HB/CTB that the main tenant gets)..

hallowitch

have a read of this The national standards for enforcements agents this is not legally binding however all local authority's have agreed to abide by them therefore there should be no bailiff involvement if the the council are made aware (provide proof)
I agree you council should also have a vulnerable debtors policy personally i would write/e-mail her MP and the ceo off the council if she hasn't got £250 she hasn't got it i always say there is no point agreeing to an amount you cant afford as you simply end up right back where you started or in a worse position because you have now defaulted on a payment agreement

http://www.debtfreeme.co.uk/assets/dfm/national-standards-enforcement-agents.pdf


Vulnerable situations

Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is evidence of a potential cause for concern. If necessary, the enforcement agent will advise the creditor if further action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.

Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.

Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.

Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.

Those who might be potentially vulnerable include:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.


as she has moved 3 times i would ask the local authority these questions
1 - how many Liability Orders they have against you
2 - the dates they were obtained
3 - the addresses they were for
4 - the period of time each covers
5 - how much each one was for
6 - how much is still outstanding

this will ensure that she is only being charged for the time she lived in each house

SandraScarlett

My DH, who has Alzheimers, is disregarded for Council Tax, so as there are 2 of us, I receive a 25% reduction. This also applies to people with Mental Illness, on production of a form signed by your GP - you just apply to the LA for the relevant form.

I managed to get some elderly neighbours this discount too, and as the lady has had problems for 8 years, and her GP's records confirmed this, the discount was backdated 8 years. :j HTH

xx

CIS

This also applies to people with Mental Illness, on production of a form signed by your GP - you just apply to the LA for the relevant form.

The council tax disregard is for 'severe mental impairment' and in some cases a Class U council tax exemption may be awarded.

The Dr should not sign the form unless they have a serious mental impairment which is expected to be permanent - the intention of the regulations is to cover people who are mentally impaired to the level where they are unable to look after themselves -for example alzheimers or a degenerative neurological condition.