student council tax question

CIS

Council Tax (Discount Disregards) Order 1992

4.—(1) A full-time course of education is, subject to subparagraphs (2) and (3), one—

• (a) which subsists for at least one academic year of the educational establishment concerned or, in the case of an educational establishment which does not have academic years, for at least one calendar year;

• (b) which persons undertaking it are normally required by the educational establishment concerned to attend (whether at premises of the establishment or otherwise) for periods of at least 24 weeks in each academic or calendar year (as the case may be) during which it subsists, and

• (c) the nature of which is such that a person undertaking it would normally require to undertake periods of study, tuition or work experience which together amount in each such academic or calendar year to an average of at least 21 hours a week during the periods of attendance mentioned in paragraph (b) above in the year.

Notice that part c refers to part b , ie your still a student as long as you meet the criteria of 21 hrs study for aminmum of 24 weeks - it doesn't have to be for 52 weeks of the yr.

Therefore if a uni has terms of say 40 weeks then as long as your course lasts at least 1yr and you average 21 hrs over those 40 weeks then your a F/T student even during the holidays.

CIS

So the above is simply wrong. I've even seen my MP about this matter.

The benefits services define a full time student as someone who has not left course they started full time. So a suspended student or one who is intercalating is a full time student for benefits purposes.

This is an absolutely nightmare!

The areas of benefits and Council Tax are two seperate issues, there are many points where Hb/CTB legislation can vary from CTax legislation.

Crispy_Ambulance

snapcracklepop wrote: »

Actually what I said is correct in law. However councils use their discresion, and it simply wouldn't be in their interests to tax students for the short time that they are not full time students.

The reason I say this is that I suspended my studies at university for a year. For the time I was suspended I was a full time student for benefits purposes. However! for council tax purposes I was not a student.
This is because the council define a full time student as doing 21 hours of study per week.



So the above is simply wrong. I've even seen my MP about this matter.

The benefits services define a full time student as someone who has not left course they started full time. So a suspended student or one who is intercalating is a full time student for benefits purposes.

This is an absolutely nightmare!

The point I was trying to make, was that in the definition of a 'student', if the council disregard the time during the summer when most students are not studying why do they not give council tax exemption (or rather the house) to a suspended student?

You CANNOT recieve benefits as a full (suspended) time student unless you are ill for 196 days after you suspend or have kids etc. This means you have a massive council tax bill to pay.

Also, to take the pressure off me I decided to go part time. As someone who went from full time to part time, the LEA informed me I will remain a full time student until I finish my course, so I recieve a full student loan every year. The only problem is I don't do 21 hours of study a week, which means the council tax letter from my university says I'm part time. Therefore the council charge me council tax and as I'm a full time student I can't recieve council tax benefit.

I will have my day in court anyway.

In that case, your council have got it wrong. Full time students who suspend their studies, or who go on placement are still full time students for the purposes of council tax. If the council are insisting that you are liable and you are registered on a full time course, then it is them who are wrong. And full time students are full time students all year round.

(BTW, I wouldn't have much confidence in MPs to have any detailed knowledge about benefit and council tax law )

It sounds like you are doing a Full Time course on a Part Time basis - in which case, you should get a certificate of student status from your uni and if you don't, you need to speak to your student advice centre sharpish.

If you are registered on a part time course, that is completely different. But you should speak to your Union Student Advice Centre as they will be the best people to help.

anniecave

I believe if you are in between courses (eg if you graduate from uni in june and start a masters/phd the following october) then you don't count as a student in between for council tax purposes. But in the summers during a course you do count as being a student. The whole having students and non-students in the same place is a dilemma. I recall when there was one non-student and five of us students in a big house, so there was the 25% rebate applied, we split the council tax between us all equally as the non-student wasn't earning much anyway. Later on there was two of us working and two students in the same place, and us two working people shared the council tax (less 25%) between us.

CIS

I believe if you are in between courses (eg if you graduate from uni in june and start a masters/phd the following october) then you don't count as a student in between for council tax purposes.

quite correct

Later on there was two of us working and two students in the same place, and us two working people shared the council tax (less 25%) between us.

You shouldn't have had the 25% discount as there where two people in the property who were not disregarded i.e the workers.

Alex_of_Swansea

Wahey! Someone else who went through this. I suspended my studies for a year, did volunteer work with £6000 to live on to cover living expenses. Living in a student house, I was charged council tax, but obviously couldn't afford it, yet wasn't eligible for any benefits. I visited both departments numerous times and in the end sat crying at the council tax desk having explained the situation numerous times. At that point, they wrote the bill off and said I'd "fallen between the cracks". A 21yr old crying in the council tax offices does a great job. Do you wanna try it?
btw, I was crying in complete distress and frustration not just trying it on.
Ax

holly_vegas

I don't know what I want to do to be honest. I'll just have to ring them tomorrow. But I'm not holding out much hope.

CIS

Hi all,
Sorry to jump on this thread but I am also in the same situation.
I am also a full time student from this September (ie now), have sent off my excemption certificate and received it back.
I only live with one other person also, who works and is not a student.
The council have told me that the exemption for council tax (as a student) only comes into effect from November (presumably I have to pay till then).
I was also told that the second person does not qualify for the single person discount (being the only person now paying council tax) as they do not allow two discounts to run at once.
Does anybody understand this or have any advice?
Thank-you
HV x
PS have jsut this second received my bill back, and they have not ammended the charge!

There will only a 25% charge unless the other person can get themselves disregarded and then it would be 50% , unless they became a student in which case you would get the exemption.

The reason they wont allow the 2 discounts as the 25% single person discount is exactly the same discount given when one of the occs is disregraded as a studnet and one is working.

Until Nov you both liable for a 100% charge, from Nov an account should be raised just in the other occs name with a 25% discount.

jules1213

There is alot of misleading and incorrect advice on this thread. Please contact your uni or student union advice centre - the advice is free and correct!

Students who suspend their studies should be classed as full time students for the purpose of claiming welfare benefits and council tax exemption.

Sometimes full time students can be liable to pay coucil tax - for example if the full time student is the tenant and they sublet to a non f/t student. F/T student are not liable where they have equal status in the property with the non student - eg joint tenants.

If you complete your UG studies and then start a PG course - during the period between the two courses you will not be a full time student.

Jules

student_advisor

jules1213 wrote: »

Students who suspend their studies should be classed as full time students for the purpose of claiming welfare benefits and council tax exemption.

This is not always the case and depends upon the individual institution. (e.g. York students classed as students, Leeds students not classed as students during leave of absence)

Students who have suspended their studies have very limited access to benefits in most cases.