Council Tax Benefit Problems

Dunroamin

underclasspeasantscum wrote: »

I literally have no capacity to save ATM. The only way I could pay them this money they feel I owe them is if I cut off my utilities or go without food.

A repayment schedule could be as little as £1 per month. Council tax is a priority bill and, if you don't get it sorted, you could find yourself having to deal with the bailiffs, I'm afraid.

You really must help your sister to sort out a claim for some kind of benefits.

Dunroamin

underclasspeasantscum wrote: »

She is incapable of work but has been refused ESA on three occasions, despite appealing each time. If I let her fend for herself she'd likely become suicidal. As it is, I'm applying for just about any job that pops up in the hope that I get an interview.

But she's surely been receiving ESA whilst she's been appealing?

earthbound_misfit

I'd recommend getting your local MP involved re. your sister's benefit claim.
This is actually a big issue - the gap between being ill enough for ESA and well enough for JSA.
Also - is she getting any help/treatment? I know the MH services are abysmal, but if she can get help they can provide evidence for ESA... If she's not getting any help I'd also suggest poking your MP about this too - especially as it's been in the news recently.
Good luck x

fluffymovie

If your Sister makes a claim for her 50%, the council could pay on the basis of a 'nil income' - I have done this a number of times when ESA has ended for example. They would need to see how she was eating etc but this can be letters from those supporting her.

Unfortunately, as others have said, without a claim for CTB, we can't award it. Presumably you received a bill when you were made liable - do you have evidence of when you requested the forms as if there was a significant delay in getting that out to you, they should consider paying but we won't award a benefit, without a claim being made.

Ravenshade

If you can prove that you were entitled to council tax benefit but did not apply, ignorance may be a mitigating circumstance as they would have otherwise had to pay anyway.

In the mean time i hope you've applied for Council Tax Benefit, this will also mitigate the sentence handed down by the civil court.

They don't seriously have a leg to stand on. Though you may have to pay back the sum as owed...however if you cannot afford to repay, it is possible that the court will wipe the debt. For instance the £1 a week. They could also order your benefit is reduced by £1 a week to pay the debt...

...why do people think that courts are bad?

fluffymovie

Ravenshade wrote: »

If you can prove that you were entitled to council tax benefit but did not apply, ignorance may be a mitigating circumstance as they would have otherwise had to pay anyway.

They don't seriously have a leg to stand on. Though you may have to pay back the sum as owed...however if you cannot afford to repay, it is possible that the court will wipe the debt. For instance the £1 a week. They could also order your benefit is reduced by £1 a week to pay the debt...QUOTE]

Unfortunately, this isn't correct. Ignorance of the scheme does not constitute good cause. This has been tested ad nauseam at Tribunals and has been upheld. The OP thought that the council would sort it but without a claim, there was nothing for them to sort. The OP should have made enquiries following the bill and likely first reminder.

CIS

however if you cannot afford to repay, it is possible that the court will wipe the debt.

The only point at which the court can remit any amount is if the council went for a hearing for committal to prison - this is way,way further down the line.

Ravenshade

fluffymovie wrote: »

Unfortunately, this isn't correct. Ignorance of the scheme does not constitute good cause. This has been tested ad nauseam at Tribunals and has been upheld. The OP thought that the council would sort it but without a claim, there was nothing for them to sort. The OP should have made enquiries following the bill and likely first reminder.

I did not say it was 'good' or even sufficient cause. What I did say was 'mitigating'. Been there done this, as I was a full time student, I showed the admission form and relevant documentation to them and refused to pay, they wiped the debt. I had no idea about HB or CTB at the time and said as much as being a student I knew I was exempt from that kind of stuff.

That said, you are right, the OP should have made inquiries and responded to the bill but never mind.

Provided you can prove that you are not liable for the tax owed...i.e unemployed and therefore eligible for full council tax benefit... they're going to have a lot of fun chasing you for something which is not rightly theirs and merely a mistake on your part not to submit the right claim form.

The faster you follow up and hand in the documentation the more mitigating the sentence. Fluffy is right insofar as the liability and not handing in a form... but not right in that it isn't mitigating.

Ignorance is not a defence in the eyes of criminal law, but it is a mitigating circumstance in Tort law.

Confuseddot

Have you spoken to cizitens advice ? They may be able to shed some light on what can be done for your sister and help you come up with some sort of payment plan.

Good luck

Ravenshade

CIS wrote: »

The only point at which the court can remit any amount is if the council went for a hearing for committal to prison - this is way,way further down the line.

O.o fair point, that wasn't what I've found though...but then that was a Arbitration and not a full county court case...