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Help. Council tax benefits cancelled

I own and live in my property with my mother who is a pensioner. In moving into the property 10 years ago, the bill was put in her name although I paid the bills.

Some 6-7 years ago we were approached by someone who works for the Pension service who advised that she was entitled to council tax benefits, and came to our house, and helped complete the forms. On the form it was put that I resided in the property and provided evidence of my payslips. We were granted benefits, backdated to some time before the claim.

In February this year we received a letter to say the benefits were cancelled, which I assumed were from 2013-2014. Last week I received a new bill with arrears brought forward of nearly £11,000. I spoke to the council who said all benefits from the beginning were cancelled as they had made an error, on the basis I owned the property and lived there, so the liability sat with me, and my mother wasn't entitled to any benefits, and they were entitled to claim everything back.

As it was their error, are they entitled to recover back dated, and if so how many years can thy claim?

I would appreciate any advice, as it is a huge amount I would have to pay.

Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 16 May 2013 at 7:36AM
    As it was their error, are they entitled to recover back dated, and if so how many years can thy claim?
    They paid based on what information they received and it has been later been found that you actually own the property and are resident.

    As the resident owner you are the one responsible for paying the council tax and your name should have been on the council tax demand notices, not your mothers. Your mother has no legal claim to council tax benefit on the property.

    There's no reason why they cannot re-claim the council tax benefit.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • patanne
    patanne Posts: 1,286 Forumite
    Is it possible you may have been entitled to second adult rebate due to your mothers income? I was for a time whilst my offsprings only income was JSA. It is 25% so it would be worth checking it out.
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