Didn't inform the council about the change

TRC881

Hi,
I don't know if this is the right place to post this, apologies if it isn't.


I am a student and therefore I can get a council tax exemption, however I just realised I had 21 days to do it. I moved to UK in September and wasn't aware I can get an exemption until last week. I since got ill and forgot to inform the council about that fact and now realised it has been 23 days since I got my council tax bill. I have the letter from the university confirming I am in full time education. On the council tax bill it says I may receive a penalty of at least 70 pounds if I don't inform the council about any discount or exemption (which I obviously didn't). I'm not going to lie, I kind of panicked when I realised my mistake and started looking online and found they may even prosecute you :eek:.


Should I just go to the council on Monday with the letter from my uni and will they just charge me that 70 pounds (I'm completely fine with that, I messed up) or will they charge me more or prosecute me? .


Thanks for any help in advance as I'm really scared atm.

[Deleted User]

Don't panic unlikely they'll fine you, never even heard of this 21 day rule before. Just take your exemption notice in and ask to be sent a bill. That will include any fine if given.

londoninvestor

I can see the "21 day rule" buried in my council's small print. But it applies to "an applicant", i.e. someone who has already asked for or received a reduction, and then their circumstances changed. Before you've asked for a reduction, you're not an "applicant", so you don't have a duty to inform them.

Which makes sense - you could expect to be punished for failing to tell the council about something which would increase the amount of tax you paid, but not for failing to tell them about something which would decrease it!

I'm not an expert on this, but as far as I can see, the worst case is that you'll end up having paid 1-2 months' worth of full council tax, before your exemption kicks in.

However (again referring to my own council's policy) they say they can backdate an exemption by up to 6 months if you show you had "continuous good cause for failing to make an application". If you were ill, and can potentially back it up with a doctor's note, I'd think you've got a good chance of getting the exemption to apply right back to when you moved in.

CakeCrusader

Universities usually send a list of students to the council, so they may already know. Try not to worry, it's worth calling the council to check that you're on their students list though.

CIS

The '21 day' rule is part of council tax legislation but it is very rarely enforced. The method of enforcement is via a penalty charge but that penalty is appealable to a valuation tribunal. This rule (and penalty) however only applies where a person is already in receipt of a discount or exemption and fails to tell the council that it no longer applies.


You don't get a penalty for failing to claim a discount or exemption, only for failing to stop one.

However (again referring to my own council's policy) they say they can backdate an exemption by up to 6 months if you show you had "continuous good cause for failing to make an application". If you were ill, and can potentially back it up with a doctor's note, I'd think you've got a good chance of getting the exemption to apply right back to when you moved in.

That sounds like Council Tax Reduction rather than council tax - within council tax itself there is no time limit on legislation for backdating.