Council Tax - Student - Liability Order

CIS

Its a matter of legislation, if he can prove he was a F/T student then the council have no choice but to disregard him.

fermi

CIS wrote: »

You can't as a student (from 1 April 2004) be held jointly liable with a non-student (e.g your ex-wife) however the council need to be aware that you are a student before they can disregard you from the bill. The fact you were married and living in the same property does not affect this disregard.

Thanks for that.

http://www.legislation.gov.uk/ukpga/2003/26/section/74

Chad1980

CIS wrote: »

Its a matter of legislation, if he can prove he was a F/T student then the council have no choice but to disregard him.

Thanks for that, is this even the case now that a liability order has been granted? Is it possible to appeal the liability order in the magistrates court or something? I can provide them proof from the University that i was a full time student for the time of the council tax claim....

Chad1980

SpendyMcSpenderton wrote: »

I would maybe call the council stating you have the proof that you were a student and see what they say?

Yeh well they've ignored my emails so next step is to pop in i reckon....

newmum1

The way I understand it is your ex wife will be liable not you. Im a student and my partner is liable. they have even removed my name from the bill. contact the council and they should tell you this.

fermi

I've a feeling that you can write to the court and request a hearing to have the liability order set aside? However, may be better to do that via or with the cooperation of the Council?

CIS

I've a feeling that you can write to the court and request a hearing to have the liability order set aside? However, may be better to do that via or with the cooperation of the Council?

The liability order can only be set aside in 2 ways - either by applying to the court for a court judgement on the basis of an error in law (which at present it hasn't been) or the council can apply theselves under the LGFA 2003 to have it set aside.

The application by the council was created as a way of formerly setting aside an order they no longer wish to proceed but its a formality as the regulations themselves acknowledge that it makes no real difference whether its set aside or the council simply decide not to pursue it.

What the council will do, if he can prove he's not liable, will be to either remove his name and only continue action against his ex (presuming she was named jointly liable on the original bill) or take his name off the account completely and create a new account for his ex (if her name wasn't on the original account).

If the council won't remove your name from the account then could speak with the magistrate at the hearing and dispute the liability but it would be a dispute over the fact you believe your name shouldn't be on the bill.

You need to admit to the court that for the period in question you are jointly liable under section 6 of the local government finance act 1992 (the 'hierarchy of liability') however following the amendment to section 6 introduced under the local government finance act 2003 you cannot be held jointly liable with another person is not a student (and would otherwise be jointly liable with you).

The problem comes if the council find an argument to dispute you were a qualifying student during this period as the court cannot consider discounts and exemptions (that 's the remit of the Valuation Tribunal) and therefore the court would have to grant the order as you being jointly liable and leave the dispute to the tribunal.

Chad1980

This is good info, thankyou very much!! :beer:

CIS wrote: »

The liability order can only be set aside in 2 ways - either by applying to the court for a court judgement on the basis of an error in law (which at present it hasn't been) or the council can apply theselves under the LGFA 2003 to have it set aside.

The application by the council was created as a way of formerly setting aside an order they no longer wish to proceed but its a formality as the regulations themselves acknowledge that it makes no real difference whether its set aside or the council simply decide not to pursue it.

What the council will do, if he can prove he's not liable, will be to either remove his name and only continue action against his ex (presuming she was named jointly liable on the original bill) or take his name off the account completely and create a new account for his ex (if her name wasn't on the original account).

If the council won't remove your name from the account then could speak with the magistrate at the hearing and dispute the liability but it would be a dispute over the fact you believe your name shouldn't be on the bill.

You need to admit to the court that for the period in question you are jointly liable under section 6 of the local government finance act 1992 (the 'hierarchy of liability') however following the amendment to section 6 introduced under the local government finance act 2003 you cannot be held jointly liable with another person is not a student (and would otherwise be jointly liable with you).

The problem comes if the council find an argument to dispute you were a qualifying student during this period as the court cannot consider discounts and exemptions (that 's the remit of the Valuation Tribunal) and therefore the court would have to grant the order as you being jointly liable and leave the dispute to the tribunal.