Am I entitled to Single Persons Council Tax?

dreamdreamer

Sorry if this has been asked and answered but I've done a couple of searches and hunts of the board and can't find an answer.

I currently live with my other half in a house and we pay full council tax.

In a couple of months he is being posted (armed forces) to elsewhere in the country. He will be living there in the mess and paying all the associated mess bills. He will be home for weekends (not all, but most).

Will I be entitled to a single persons discount on the council tax on the house? All my instincts say yes, as this will be no different to when he was living in the mess when I met him and he spent most weekends at my house. But I don't want to rely on getting this discount and then be rejected.

Just some further info - we are not married (yet, date is set), and he is not on the deeds for the house. We don't have any financial association either as I organise all the household bills and he pays me a set amount each month by standing order to cover half.

Hopefully someone can answer this one!

Dreamer x

lincroft1710

As his intention is to return to your house after his posting ends and returns most weekends, then you are not entitled to SPD. A court case established this precedent for armed forces personnel many years ago. Also if any of his belongings remain in your home then he is still classed as being resident there.

CIS

A court case established this precedent for armed forces personnel many years ago

Stark V Doncaster - http://www.fareham.gov.uk/council_tax/how_is_my_council_tax_calculated/council_tax_explained/mainresidencequestions.aspx

dreamdreamer

Well, I'm glad I didn't reply on common sense to guide me!

Thanks for the help guys. I shall add "2 lots of council tax" to the ever increasing list of things we now have to pay twice! :mad::p

trailingspouse

When I moved into this house, my OH was working abroad.

We're married, he was fully involved in the choosing of the house, was on the deeds, and on the mortgage. He just didn't physically move in the day I did.

When I rang the council to see what the situation was (fully expecting them to tell me I would have to pay the full council tax), I was told I could pay the single person's amount until such time as he came home to visit. From the minute he arrived home, we would have to pay the full amount (even if it was for just one night and he then went abroad again). She even suggested we spend his leave in a hotel!?!!

I think it all boils down to where 'home' is. In our case it couldn't be described as his home, as he'd never lived here. In your OH's case, it's where he comes back to and therefore it's home.

booksurr

trailingspouse wrote: »

When I moved into this house, my OH was working abroad.
When I rang the council to see what the situation was (fully expecting them to tell me I would have to pay the full council tax), I was told I could pay the single person's amount until such time as he came home to visit.

if the council employee based their advice on the facts than you have given here, it would be consistent with case law covering the situation of a married person working abroad. your husband had not moved in at all ...https://www.valuationtribunal.gov.uk/pdfs/CT_Manual_Sept_08.pdf

WARD v KINGSTON-UPON-HULL CITY COUNCIL HC (RA 1993, page 71)
Mr Ward spent only six to nine weeks in the United Kingdom and his wife was considering joining him in Saudi Arabia. The High Court held that Mr Ward had greater security of tenure at his dwelling in the United Kingdom, as opposed to that at his employment-related accommodation in Saudi Arabia, and that on this basis Mr Ward and his wife had their sole or main residence in the United Kingdom.

and in respect of forces personnel case law was set a long time ago in 1998:

DONCASTER BOROUGH COUNCIL v STARK HC (RVR 1998, page 80)
A serviceman was held to have his sole or main residence at his matrimonial home, together with his partner, notwithstanding the payment of Ministry of Defence deductions for Council Tax in respect of forces’ accommodation at which he was required to be present from time to time and as part of his terms of employment.

CIS

I think it all boils down to where 'home' is. In our case it couldn't be described as his home, as he'd never lived here. In your OH's case, it's where he comes back to and therefore it's home.

You're correct. The primary case here isn't so much that he lived abroad it's more the case law based on the fact that as he has never been resident then he can't be held to be remain resident - once he had become resident and had an intention to return then the aspect of it becoming his 'sole or main residence' starts to apply.

One of the main cases used is Parry - http://lexisweb.co.uk/cases/2006/may/parry-v-derbyshire-dales-district-council .

Nada666

dreamdreamer wrote: »

Well, I'm glad I didn't rely on common sense to guide me!

I'm not sure I understand - common sense dictates you do not qualify for a single person discount.