Council Tax Single Person Discount if Fiance living on abroad for a few months

bouncingfox

Hi, my (now) fiance and i have been living together for the last few months but unfortunately her working visa expired and she how now moved back to her home country to sort a few things out until the new year and while we apply for a fiance visa so she can get back into the country.

I wrote to the council to tell them that she has moved out and to re-apply for my single person discount but they have written back saying that because she intends to move back in that i am not able to have the discount again. Is this correct? Until the New Year (maybe more) this will not be her main address and she will not be living in the country. The council have said i can appeal, does anyone have any advice or know if what they are saying is correct.

Thanks in advance.

lizziebabe

I would appeal as she is not there and not using their services. I think they are trying it on, write again and tell them you will appeal. All the best.

bouncingfox

That is what i thought, it is not her primary residence so i don't think i should have to pay. Does anyone have any links to the details of the single person allowance rules so i can add some quotes from it to further help my case?

lizziebabe

https://www.gov.uk/council-tax/working-out-your-council-tax

This should help you, all the best.

pmlindyloo

I do not think any of the 'rules and reguations' will help.

You would not be entitled to the single person discount if they view her leaving as temporary.

For example those serving overseas are still considered to have their main residence here.

What you need to prove is that her main residence is not here.

So, proof that her work visa has expired and she has returned to her main residence in her own country - proof of her address.

The main problem here is that she intends to return. This 'muddies the waters' in that it could be argued that where she is now is her temporary address!

Do appeal to your local council office first using as much evidence as you can. If after a reconsideration at local level you can still make a formal appeal which would be looked at by an independant decision maker.

LittleMax

How do they know she intends to move back? What exactly did you tell them? Is the property in joint names?

It's a tricky one and will need more expertise than most people on here will have. There are a couple of forum members who work in Council Tax, I think they may be able to help. I have managed a council customer service centre for council tax and benefits - but this is one where I would have had to ask the Revenues Manager, and I think even she would have had to double check the legislation.

Your fiancee does not fall into the list that qualifies for a disregard. The fact that she can't legally work here does not mean she can't live in the UK, and if she was living with you, you would not qualify for the discount. If her visa had not expired and she had returned to her own country for a period, to live or work, she would still be liable for Council Tax. Also, if she lived on her own and had returned to her own country for the same period, leaving the property in the UK unoccupied, she would still be liable for Council Tax. So I am inclined to say they may be right.

CIS

I would appeal as she is not there and not using their services. I think they are trying it on, write again and tell them you will appeal. All the best.

It's not that simple.

The key intent here is her intention to return to the property. She has left the property but retains the intention to return to the property therefore as far as council tax is concerned the property is still her 'sole or main residence'. A person can be outside of the country for years at a time and still be classed as resident for council tax purposes.

Whilst the property remains the 'sole or main residence' of yourself and your partner then a single person discount cannot apply.

LittleMax

Thx CIS ... I knew a Council Tax expert would be along soon

bouncingfox

Thanks for feedback, looks like I may have messed up when i filled out the online form, seems that they are worded to try and catch you out like this and make you explain all the circumstances.

I know it probably won't work now but may try to appeal on the grounds that she was not allowed to continue to stay in the country (due to visa restrictions), and her permanent residence is now abroad until such a time as she can get a visa to return.

CIS

seems that they are worded to try and catch you out like this and make you explain all the circumstances.

Not to catch you out but to allow the council to make a correct decision based on legislation and case law.

CIS

There's a similar case here - http://info.valuation-tribunals.gov.uk/decision_document.asp?appeal=/decision_documents/documents/CT_England/0345M78450165C.htm&Decision=liability but the tribunal found the main residence was still in the UK.