Claiming backdated single council tax discount?

bluep

Facts as follows:
Co-owned a house with my spouse up north, paying full rate council tax

Winter 2014 - moved to London full time for work, rented apartment, paid full rate of council tax there

Spring 2015 - separated from my spouse (they stayed in the house), at weekends I would stay either in the house we used to share or at my parents house to have my daughter

Continued to pay half bills for old house and have utility/insurance/bank statements in my name at old house address (some to my parents address and some also to my flat in London - all bills here were in my name)

Spring 2016 - moved out of flat in London, now live with relatives in London (more than one adult occupying property so full council tax being paid but not in my name), stay with parents most weekends to have my daughter. I had/have parking residency permits for my car at both my flat and then now my relatives address in London.

Winter 2016 - my dad dies :sad: , my mum applies for council tax single discount, I still stay weekends but live in London with relatives.

So my ex should get single person discount as I don't live there but our finances are still quite entangled as I want to support them in providing a stable home for my daughter (we are getting an amicable divorce). Can this be backdated to spring 2015? Or October 2014 ( as obviously not temporary absence).

Also don't want to cast any doubt on mum's discount given I work and live full time in London but stay probably 3 out of 4 weekends (my daughter is starting to come down to visit me in London instead). I'm starting to swap bank addresses etc to her address given I might move again in London at some point.

So is my interpretation right? Both my ex and mum should get single person discount as my main residence is London?

Thanks for help in advance!

lincroft1710

Where are the majority of your possessions?

bluep

Day to day clothes/books/things are in London, some weekend stuff at my mums, lots of stuff in storage. I left most of the stuff in the old house when I left for my ex to have (furniture, kitchenware etc). When I get another permenant place of my own I might take a few bits and bobs if my ex is agreeable to it, otherwise I'll just buy new stuff. My main car is in London (registered parking permit there), I insure my dad's car at my mums address and my motorbike is in my ex's garage insured at the old address.

I explained everything to the council and they said sounds like London is my main residence and not to worry about impacting either my mum and my ex's single discount. They said they'd pay a year backdated but that my ex would have to write in and explain special circumstances to justify any further back than that.

lincroft1710

I think the period you were separated from ex, but stayed some weekends muddies the waters as it could be argued (and I say could be) that you still had the intention of returning to the marital home. If that were the case then no discount would be awarded.

I think Spring 2015 would seem to be the absolute earliest date for any discount. How far back a person can claim will depend on the council. It seems the council operate a 1 year backdate, but any further has to be justified. This is where it will be difficult as ignorance of the law is not a reason for a late claim

CIS

On the face of it I'd agree that they should be entitled to the 25% discounts however as Lincroft has mentioned the other aspects could muddy the water for them in trying to get the discount.

Winter 2014 - moved to London full time for work, rented apartment, paid full rate of council tax there

Did you advise the local authority it was your second home for work purposes and your 'sole or main residence' was elsewhere ?

In Council Tax legislation there is no specific regulation regarding backdating however as Lincroft has pointed out some local authorities will go only back back so far without disputing the issue further. Any reduction is also generally limited to no more than 6 years back - http://wp.me/p6WMjS-so - although that's not specifically an issue here.

If the local authorities for the discounts won't backdate them they'd need to apply to a Valuation Tribunal for a definitive answer. They would have to contact the local authority first and then work through the process.

Craig