Reclaiming overpaid council tax

barwid02

Hi,

Was wondering if anyone has been in the same situation I am in?

I've recently discovered that the 25% single occupancy discount I was entitled too was not subtracted from my council tax bill despite me filling in and sending back a form to the council notifying them that I lived alone. This was three years ago. I can't prove I sent them a form as they have no record of it.

Basically I have been paying more than I should have done for this three-year period, but can prove if asked that I was living alone for the whole time (through tenancy agreement, census, electoral role, rent, utilities etc.)

I am going to ask the council to issue me a rebate for the full amount for this three-year period. Legally, are they obliged to do this? I have contacted a couple of solicitors online and they seem to think that they will have to.

Thanks in advance!

Dogger69

No, they are not legally obliged to unless you can prove that you applied at the relevant time. As you are unable to do this you would need to request backdating, but again you have no grounds for that to be successful.

Have you not had annual statements, that would show the discount had not been applied?

CIS

I am going to ask the council to issue me a rebate for the full amount for this three-year period. Legally, are they obliged to do this? I have contacted a couple of solicitors online and they seem to think that they will have to.

The council have the right to only award a discount for which they believe you are entitled. If you disagree with the council and cannot resolve the issue you would need to appeal to a valuation tribunal for a final decision on the matter.

AndyPK

I was lucky. I filled in an online form to apply going forward.
I put the date in that I was on my own and got 9 months refunded

nannytone_2

every year you get sent a bill for council tax.
on that bill is listed any benefits or discounts.
the onus is on the claimant to check that these details are correct

barwid02

I will ask them nicely for a rebate. Does anyone know how likely they would be to award a full or partial one?

If I don't get anywhere then I'll try citizen's advice. Ultimately I've paid too much tax and they shouldn't keep it.

Dogger69

barwid02 wrote: »

I will ask them nicely for a rebate. Does anyone know how likely they would be to award a full or partial one?

If I don't get anywhere then I'll try citizen's advice. Ultimately I've paid too much tax and they shouldn't keep it.

Councils are not known to give out money when they do not have to.

What advice do you think CAB will give, that you have not already been given here?

barwid02

I have stumbled on this:

"Section 11 of the Local Government Finance Act 1992. There is no limit on backdating providing you can show that you qualified for the reduction on any day concerned."

Housing_Benefit_Officer

Entitlement to exemptions, disabled relief and discounts is absolute. The Limitation Act 1980 does not apply. Backdated applications over several years, particularly where the tax has been paid, however, should generally be subjected to a higher degree of proof of entitlement, together with some indication of the reasons for not applying earlier.

It might be considered unreasonable not to award the 25% discount. "Reasonableness" will be key if your Council has to defend any decision not to award you a discount if they have to defend the decision at a Valuation Tribunal.

There are no timescales in which to apply for a discount - the council tax legislation is all about it being a "daily charge" and you look at the circumstances on that day. So, if on a particular day there is only one adult resident in a dwelling then a 25 per cent reduction shall apply.

You have found the legislation you can quote to unlock your backdated discount.

SandraScarlett

My CT rebate was backdated several years, due to the fact that DH has Alzheimers, and we only realised we could get a 25% reduction when we read about it on MSE! :j

In his case, we were sent a form, which had a section for our GP to complete, giving the date of the onset of DH's illness. As long as you have proof that you've lived on your own for X number of years, I can't see a problem. Good Luck.

xx

CIS

"Section 11 of the Local Government Finance Act 1992. There is no limit on backdating providing you can show that you qualified for the reduction on any day concerned."

Presumably you picked it up from a post made on Rightsnet.

The LGFA 1992 states you are entitled to a discount if you meet the set criteria however the argument isn't over the criteria for a discount, its over whether you were entitled to the discount. If you can prove your entitled beyond doubt then the discont can be applied , if you can't then the discount doesn't apply.

If the council say no then you have recourse to the valuation tribunal.