Benefits and full-time Open University

missbiggles1

CIS wrote: »

It would give an exemption if all the adult occupiers were full time students - many OU students are wrongly turned away by local authorities.

Craig

Of course - for some reason I thought the OP lived alone.

CIS

With regards to the full time aspect - council tax legislation sets the description of 'full time' as one which meets the requirements laid out in the legislation. What the educational establishment calls it doesn't matter which is why the valuation office could make the decision for their purposes.

Craig

Mrs_Ryan

CIS wrote: »

You should be getting a council tax disregard (and possibly an exemption)

Craig

Have tried but unfortunately as my name isn't on the bill I can't get it.

Mrs_Ryan

earthbound_misfit wrote: »

May I ask, are you cliaming PIP as well? I know that makes a difference. Also, where did you find out that it was ok to do 120 credits a year whilst on benefits? I'm trying to find out the information from the original source! I know 60 credits a year is ok as I waded through the Decision Maker's Guide and so on, but the rules on more seem very vague! Did you just tell the DWP your plan and they said it was ok?

Sorry I've just seen your post! I am claiming PIP yes but when I started I wasn't- I was only awarded last year so I had one full year where I wasn't. PIP does make a difference as I could study full time in a brick uni (as I will be next year but I won't be claiming ESA then as I plan on getting a postgrad loan) My first year was quite complicated as I did two sixty credit modules one after the other but it was still classed as one year if you see what I mean? The DWP didn't seem bothered by this. I only switched to two modules together this year when I had my PIP award but because they knew about my study already I said nothing more.

CIS

Mrs_Ryan wrote: »

Have tried but unfortunately as my name isn't on the bill I can't get it.

If you're resident as a partner or joint tenant/owner then you should be (legally) named as jointly liable - the council have no choice in the matter.

Irrespective of whether you're named on the demand notice or not you're still entitled to a student disregard which get a 25% discount if there's only one other adult resident.

Craig

earthbound_misfit

Thanks for the replies. I do live alone but tbh council tax exemption means very little in my situation. I currently get council tax support which pays most of it anyway. If my studies count as full time I lose my entire income, so ESA and HB are what I'm wondering about really.

It sounds like I will have to just do part time. Going to make enquiries tomorrow.

Mrs_Ryan

CIS wrote: »

If you're resident as a partner or joint tenant/owner then you should be (legally) named as jointly liable - the council have no choice in the matter.

Irrespective of whether you're named on the demand notice or not you're still entitled to a student disregard which get a 25% discount if there's only one other adult resident.

Craig

I'm not a joint tenant/owner. I am the owner's partner but he won't allow my name to be on any of the bills. The council are a pain- I did ask them but they said I would have to be named on the bill and he wouldn't allow it. However both of us have severe mental impairment so the whole damn thing is a minefield anyway which were still trying to sort out!

CIS

Mrs_Ryan wrote: »

I'm not a joint tenant/owner. I am the owner's partner but he won't allow my name to be on any of the bills. The council are a pain- I did ask them but they said I would have to be named on the bill and he wouldn't allow it. However both of us have severe mental impairment so the whole damn thing is a minefield anyway which were still trying to sort out!

I wouldn't have much confidence in your local authority - From a legal point of view the council should be looking at the liability irrespective as there's no option in legislation to pick and choose liability. They are also supposed to calculate council tax discounts/exemptions fully and only apply any council tax reduction to what is left over.

That being said - as the resident partner of the owner/tenant - under section 9 you'd be not be held jointly liable if you were a full time student for council tax purposes. Until they get that sorted though they should have you named as jointly liable.

Craig

Mrs_Ryan

Only his name has ever been on the bill- mine never has been. I've been accused on here of using a different address and him claiming single persons discount which is so wrong it's laughable- my benefits and student loan are all registered at this address and he's never lived alone since he moved in twenty years ago- I've been here for just under ten, his ex was here nine and a half and he was a hospital inpatient for about six months. His psychiatrist told us to go down the severe mental impairment route for him and get him exempted and then get my student exemption in but the council are blinking useless- neither of us are well enough to sort it out and it's not causing us hardship so we're (or rather he is) just paying the full council tax payable on the property. Im going to a brick uni full time next year to do an MA so things will change again.

disabled_NCIS_fan

I do the OU and am on ESA and PIP. I take 60 credits at a time and really do enjoy the study and I like the flexibility. I did inform ESA about me studying (PIP isn't affected) and they had a person ring and talk about it all and they noted it on my files. I'm in the support group but when I was in the WRAG they classed it as training so I didn't have to do those work club things etc as I was already working towards something. I do know if you go to a brick and mortar uni you can claim ESA and student finance but there are some complicated formulas they use to decide how much you get.