Own flat but stay/care for mother in her house.

Markyp101

Thankyou in advance for any help.
My brother-in-law owns his own flat but lives with his mother. His father passed last year.
Is there a guide on the best way of handling the council tax due on both residences.
My understanding is that he gets 25% discount on his flats bill. He never sleeps there, just pops in from time to time to pick up mail, etc.
My mother in law doesn’t believe that she can claim 25% off her bill as she doesn’t live alone and he lives
there. This seems wrong to me as either he should be able to be exempt completely or they should both be able to claim 25% off.
She is a confused 89 year old and although my brother in law has lived with her for 10 years or more by choice, with her being widowed and her health as it is she can’t live alone unsupported. She pays for a cleaner and Gardner as well as these sort of tasks are beyond her.

molerat

https://www.gov.uk/council-tax/who-has-to-pay
https://www.gov.uk/council-tax/discounts-for-disabled-people
https://www.gov.uk/council-tax/second-homes-and-empty-properties

00ec25

all council websites will list the criteria for claiming to be a carer and therefore what impact that has on the MIL's CT and whether it makes BIL's flat exempt

given your MIL can afford to pay for gardeners etc I very much doubt she is in receipt of the benefits which she must be receiving in order for BIL to be able to claim he was her "carer"

Does BIL have a job? If he does I'd doubt it pays less than £44 per week so he won't qualify as a "care worker"

the rules are listed on every council's website, for example:

https://www.royalgreenwich.gov.uk/info/200256/council_tax_discounts/470/carers_or_care_workers_council_tax_discount

on that basis MIL appears sharp as a razor - she has 2 adult occupants and cannot claim SPD.
BIL may not be entitled to SPD on the flat since, if we asked a friend of his "where would you expect to find him if you call" the answer would be "at his mother's".
There is more to "main residence" than, is it the only place you own, and do you sleep there?
again, every council will have some form of info on their website, here is an example:
https://www.gosport.gov.uk/sections/your-council/council-services/council-tax/sole-or-main-residence/

Markyp101

Thankyou for those relies.
BIL has a full time job and can’t be considered a carer and is there in event of a fall etc and to do shopping . Gardener and cleaner 2 hours a week each and no benefits except pension.
It seems strange having looked at website for the appropriate council (Swindon) that the BIL is considered twice for CT. somewhere along line with 2 adults each having their sole names on their own deeds that one would be exempt or they would both receive 25% off.

Markyp101

i.e. if he lived at flat full time instead they would both be better off and pay less CT.

CIS

The issue comes down to one of sole or main residence - if this is at his flat then he can claim a 25% single occupancy discount as could the mother, if it is at the mother's home then he cannot claim to be resident at the flat and it has to be treated as an unoccupied property.


Would the 'reasonable onlooker' conclude he was resident at his flat or at his mother's home ? It sounds like his main residence would be at the mother's home at the moment and so a single person discount could not apply. In theory intention to return could apply but I think that after 10 years it would be hard to argue.

It seems strange having looked at website for the appropriate council (Swindon) that the BIL is considered twice for CT. somewhere along line with 2 adults each having their sole names on their own deeds that one would be exempt or they would both receive 25% off.

A council tax liability can occur at as many properties as required however there is only one 'sole or main residence' and many discounts only apply to that property which is the 'sole or main residence'. This is not the council's decision, this is the way the legislation works.