Council tax liability/exemptions

charlie2120

Could someone please help me figure out what im liable for in respect of council tax. Things have gotten a little confusing over the summer.

Im a single person claiming IS and carers allowance for my disabled son who is 22 and still lives at home. He gets ESA (WRAG) and DLA care and mobility.

I also have another son (19) who also lives at home. Child benefit stopped for him on 4th September because of his age. Both lads finished their college courses in July and will be enrolling for a new course, (foundation degree) in a new college at the end of this month.

I know that everyone who was getting full CT benefit now has to contribute something towards their council tax even if they are on benefits. I have paid the 25% which is my own liability up front for the whole year.

The council have also requested an additional £3.67 per week for my eldest son, they say because he is in receipt of ESA. When I queried this and the fact he was a student rather than explain or help me sort it out they took court action so I paid this for the whole year as well. (along with the court fees)

Before my younger sons CB stopped they sent me a letter asking what his plans were. I told them he was doing another course at a different college for a further 2 years. I then received a CT bill for almost £800 from them saying they had esimated his income to be £400.99 per week. I again told them hes a student and was at that point still getting CB. They have now sent a revised bill for £330 to be paid in 11 installments. I am assuming this bill relates to my younger son as my older has paid his liability already.

Is my older son liable for any council tax being a student even though hes is on ESA or vice versa?

Is my younger son liable for council tax as he has been in receipt of CB, a full time student, is waiting to start a new course and is under the age of 20?

Any help would be much appreciated as Im getting nowhere with the council. They just keep asking for more information and then throwing different bills at me with no explanation.

CIS

Any help would be much appreciated as Im getting nowhere with the council. They just keep asking for more information and then throwing different bills at me with no explanation.

I think your probably getting mixed up between what is covered by council tax support/reduction and what is covered by a council tax discount.

Is my younger son liable for council tax as he has been in receipt of CB, a full time student, is waiting to start a new course and is under the age of 20?

You remain liable for any council tax charge, not your son.

As a 'school or college leaver' they may meet the criteria to continue to be disregarded for council tax purposes until 31 Oct 2013.
A description of the discount is here - http://www.allerdale.gov.uk/advice-and-benefits/council-tax/council-tax-discounts/school-and-college-leavers.aspx

Once they are signed up in the new courses you need to contact the council in respect of a student disregard for them.

pmlindyloo

What local authority do you come under?

My understanding is that you are liable for the council tax. As you are on IS your council has set you as having to pay 25% of the bill (which you have done)

Your younger son would have been disregarded as he was a dependent whilst you were receiving CB for him. After you stopped receiving CB he became a non dependent. Your older son is also a non dependent.

So we are looking at what your council's rates are for non dependents.

These are set by local councils. Some councils charge nothing for non dependents if they are students, some charge something! (Edit - having said that I can't find one council that charges for students although some councils do if they work during the holidays)

They all vary (just as you pay 25% because you are on IS and where I live the rate is 8.5%.)

Go onto your local council website and see if they set out their rates for non dependents.

If they don't then you should go to the council and ask for a copy of your rates so you can check that they have charged you the correct amount.

I am trying to remember what criteria the government set when local councils took over council tax 'benefit'. I know the single person's discount and those of Pension credit age (or was it the over 60s?) had to be protected. Was there anything else?

charlie2120

Thank you for the replies. After digging further im still confused.

My youngest sons entitlement to CB only ceased on 4th September 2013 so he has been a non dependent for a grand total of 3 days now.

The councils website says that

"some tenants will have to pay more, for example if they have adult children (over 18 years of age and not in full time education or training), or other adults who live in the household (non dependents), each non dependent member will be expected to pay a minimum of £3.65 per week.

The latest bill I have received says its for the period 01-April-13 to 31-Mar-14. It also says to make installments 28x£11.00 and 1x£11.12 total £319.12. first instalment due on 15/09/13 followed by 28 due from 22/09/13 to 30/03/14

The bill also says I have currently paid £817.09 when in fact I have only actually paid less than £600 which was my 25% plus the extra amount for non dependent son who is in receipt of ESA.

There is no mention of what happens during the period when children cease to be entitled to CB and before they begin a new course of education, which in my sons case will be 19 days.

I understand they have charged for having a non dependent and I guess the £3.67 is the maximum they can take given that he is on ESA even though he is a student.

My local authority is Medway. I think I am going to have to pay yet another visit to the office and hope that this time they will actually engage in some kind of discussion and explanation as none of this is making sense to me. The maximum they can charge me is 25%, which has already been paid. Im guessing the maximum they can charge my older son is the £3.67 per week as his only income is his ESA. This has also been paid. And as my younger son only became a non dependent 3 days ago surely they cannot make him liable for any council tax before that point and certainly not since April.