back dating of council tax reduction

number9

marliepanda wrote: »

As CTR is locally administered I dont believe there is any legal rulings on backdating. 6 months is quite generous based on what Ive seen from other councils (anything from 1-3 months seems common)

Who was supporting this person with their move, I'm assuming they ahve support due to the way you have described them? Why didnt they pick up on the fact that their CTR claim was not put in?

Would their disability class them as severely mentally impaired? Do they have the single person'd discount applied to the account if they live alone? Does the house have adaptations?

The valuation tribunal is probably not a good way to go as the CTR is being applied now. You are not questioning the award but the backdating policy, and I can't find anything saying they have to backdate at all. I would be questionning who is providing the support for the transition as they dont seem to have done their job. It is also worth noting that not all council's have to offer a 100% CTR for low income.

Hi,
Thanks for your reply. They did not have any support. Unfortunately, that's why they didn't claim CTR and I've been asked at a later stage to help them.

number9

pmlindyloo wrote: »

I am not sure that this can be appealed, Have you asked the local council?

Some other options:

1. As already said, does the person have severe mental impairment and should not be counted for council tax purposes at all? Backdating for this has no time limit as far as I am aware.

2. Have you applied for a Housing & Council Tax Discretionary payment to meet the arrears? It may be called something different at the claimant's local council.

https://www.birmingham.gov.uk/helpwithyourcounciltaxbill


3. Have you looked for a local charity who could help?

If all else fails then you can ask the council to set up a third party reduction from the claimant's benefits?

Have you checked that claimant is receiving all the benefits they are entitled to? PIP for example?

Hi. Thanks for your post. This person could be described as being low education/lacking comprehension in the importance of addressing these type of issues. I don't think that this could be classed as a severe disability and therefore they seem to have fallen into the trap of being in poverty/learning difficulties with no apparent recourse to their ignorance of the situation.

number9

poppy12345 wrote: »

That's not always true with CTR these days. Most people claiming any sort of benefits will have to pay a small amount of council tax each month. If they live alone they will receive the single person discount of course. Gone are the days when those claiming benefits would get 100% CTR. I claim ESA and PIP and i have to pay £12 per month for mine.

Hi, I must be in a fortunate borough where 100% CTR is available. I wasn't aware that this wasn't the case nationally.

marliepanda

Unfortunately ignorance of a benefit is not a recourse to backdating, and you seem to have hit the council limits.

If they ahve proof the DWP work coach said they wouldnt pay any CT then you should be raising a claim against them as a) they were wrong to say that and b) UC offers no support with Ctax (neither did legacy DWP benefits either but your friend wont have been claiming anything for Ctax at his parents)

The council really havent done anything wrong. They sent the bills and they sent the reminders. The failing is the DWP misinformation and this person being allowed to move out alone without the necessary support, as they have opened and ignored letters etc which clearly means that some care is needed with financials at least.