Court summons for council tax - But fulltime student @ 18hours per week of modules!!!

Autumn86

Im a fulltime mature student doing a 2year HND degree.

As i am doing a fulltime course (as defined by ucas) i am getting full student loan + student grant money,
and so i believe that i am also exempt from paying any council tax since my course is fulltime.

Yet i have a court summons for wednesday, as the arrogant idiots at the council are claiming that my course isn't fulltime!! :mad::mad:


I gave the council my student certificate 3weeks ago which clearly states that im a fulltime student.

The certificate said that im only doing 12hours per week, however i have counted my new timetable (as was updated by head of department 4weeks ago) and im actually timetabled to be in classes for 18hours 15minutes per week.


I spoke to the council tax department today and they claim that my course isn't fulltime, accused me of lying about the hours and days i attend, and accused me of lying about when i give them my student certificate even! :mad:
And say that you need to be doing 21hours per week to be fulltime student.

I then spoke to the uni's student services department and they say i need to speak to my head of department tomorrow and ask her to update their/my database on the uni's system to show ALL the classes that im timetabled to do,
as my student certificate should then show 18 hours and 15minutes per week of classes.

(And this does not include lunch breaks, or even the 15minute break inbetween classes)



I am completely disputing any liability to pay council tax,
since what percentage of university students have 21hours per week of lectures timetabled??!! :mad:

I have 18 hours 15mins per week of pure classes
+
i then ofcourse have to do all my coursework at home in my own time.

But so when i contest be liable for council tax how much legislative backing do i actually have in regards to being classed as a ''fulltime student''??



As whilst the council say you need to be doung 21hours per week minimum,
most uni students only have 12-16hours per week of timetabled lectures,
but are expected to then spend another 12-16hours per week doing home study/coursework.

And so me having 18hours 15mins timetabled should mean that i am only expected to do 3hours per week of home study/coursework!

But yet whilst the council accept that every other student will do 12-16hours per week of home study,
they are refusing to accept that my course will even require 3hours!

Autumn86

And on a 2nd defence even if the coucil refuse to accept that i qualify as a fulltime student,
and therefore must be a partime student.....,

If i tell them that i work (self employed for 9hours per week @ £14 per hour) so around £90 per week after tax,
would i THEN be exempt from paying council tax (recieve full council tax benefit)??

Since i would be classed as a partime worker.

Naf

http://www.nus.org.uk/en/advice/money-and-funding/info-and-advice/council-tax/

NUS website says your course should...

...involve at least 21 hours of study, tuition or work experience per week during term time.

Just take that to them along with your updated letter from uni. Surely someone will see sense that its obvious younneed more than 2.5 hours of study for 18.5 contact hours...

I have 24 timetabled hours per week.

paddedjohn

Did you not get an exemption letter front your Uni?

CIS

And say that you need to be doing 21hours per week to be fulltime student.

21 hours per week is the number of hours defined in statute - any other definition of a 'full time course' is not applicable. The NUS description does not quite cover all of the criteria fully but its better than some guides I've seen.

I gave the council my student certificate 3weeks ago which clearly states that im a fulltime student.

The university should not be issuing certificates on any course that does not meet the hours requirement. If you do meet the hours requirement they are confusing the issue by stating the numbers of hours - a number of the colleges I deal with give certificates to any student and then state the number of hours so each one needs checked through to establish if a person is a student.

If i tell them that i work (self employed for 9hours per week @ £14 per hour) so around £90 per week after tax,
would i THEN be exempt from paying council tax (recieve full council tax benefit)??

Claiming you have income in order to try and claim benefits would be fraud. Council Tax Benefit is no longer in existence from 1 April 2013 so you would need to contact your local council to see what their replacement scheme offers.

Naf

OP seems to be confused;
The student exemption from CT is not CT benefit (as was) or the new CTS scheme. Students are not liable for any council tax to start with, so even if you would be eligible for benefit alongside this based on income, it's totally irrelevant.
Have you been dealing with the CT department, or the benefits?

CIS

The OP does seem to trying to claim from both sides to try and get something.

Students are not liable for any council tax to start wit

Your confusing liability with having a council tax charge to pay - students are often liable for council tax purposes however they can (in most cases) be disregarded and the property become exempt for council tax purposes.

asdf1982

thats weird. we used to fill in a form and get it stamped by the university (cant remember what it was called) but i remember there was always a big queue at the registry on the first day to get them stamped.

I was only in uni for 12 hours (obviously more studying on top) but no-one ever questioned it

Autumn86

Naf wrote: »

OP seems to be confused;
The student exemption from CT is not CT benefit (as was) or the new CTS scheme. Students are not liable for any council tax to start with, so even if you would be eligible for benefit alongside this based on income, it's totally irrelevant.
Have you been dealing with the CT department, or the benefits?

The woman at council says that they will only allow someone to be exempt from paying council tax if they are a student who is studying on a course of 21hours per week or more.


I wasn't ''making up'' my income either though.
I DO work friday and saturday nights, self employed, earning £14 per hour and working 9/10hours per week.

I don't currently declare it as i have no legal obligation to since students don't need to ''declare'' their weekend jobs to anyone.


But i was merely asking that if the council just totally refuse to accept that an 18hours per week of timetabled classes over 4days constitutes as fulltime,
and so they refuse to acknowledge me as a fulltime student,
could i then just turn around to them and say-

''Ok fine lets do it your way,
i am an unemployed person who doesn't work/only works 9hours per week (and choose to do abit of study in my spare time),
therefore base my council tax bill in accordance with my income!''

(As if someone is unemployed with no income they then are entitled to claim council tax benefit).


As im going to have to spend the next few weeks/months fighting this out and so i want to have as many difference defences as possible in my ammo.

CIS

But i was merely asking that if the council just totally refuse to accept that an 18hours per week of timetabled classes over 4days constitutes as fulltime,

The answer is yes , they have to apply the definition given in legislation.

Autumn86

CIS wrote: »

The answer is yes , they have to apply the definition given in legislation.

But so if i then just am an unemployed person with no income (as im not a fulltime student),
is there any way they can refuse to award me council tax benefit??