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Council tax exemption Vs Swiss students
anigys
Posts: 24 Forumite
Hello all,
I live in a flat in London together with my girlfriend, who is a PhD student in Switzerland doing an internship here. When she moved in, I let the council know about it. They told me that because Switzerland is not in the EU, she is not eligible for the council tax exemption and we need to pay the full amount (there's a discount for single occupancy) even though she's a student.
I was surprised to hear that given that most of the laws treat Switzerland same as the EU. Was the officer correct? Any pointers to relevant provisions?
Thank you
I live in a flat in London together with my girlfriend, who is a PhD student in Switzerland doing an internship here. When she moved in, I let the council know about it. They told me that because Switzerland is not in the EU, she is not eligible for the council tax exemption and we need to pay the full amount (there's a discount for single occupancy) even though she's a student.
I was surprised to hear that given that most of the laws treat Switzerland same as the EU. Was the officer correct? Any pointers to relevant provisions?
Thank you
0
Comments
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Would an internship qualify as full time education at any rate?0
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Yes, being an intern doesn't affect her student status.0
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The council are correct - to be regarded as a student then the person must be registered at an educational establishment in an EU member state. Switzerland is not a member state for these purposes.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0
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Switzerland isn't in the EU, that's right. It's not EEA, but it is EFTA.0
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Does that mean that after 29th March students registered at an educational establishment in the UK will no longer be eligible for the council tax exemption?The council are correct - to be regarded as a student then the person must be registered at an educational establishment in an EU member state. Switzerland is not a member state for these purposes.0 -
Does that mean that after 29th March students registered at an educational establishment in the UK will no longer be eligible for the council tax exemption?
As it stands, yes. The current wording of the regulations would prevent a person being a student (via the Higher Education route) if they aren't from an EU member state's educational establishment.
If they can't meet the 'prescribed education establishment' criteria then they can no longer be a full time student for council tax purposes.Subject to paragraph (3) below, an institution is a prescribed educational establishment within this Part if it is--
(a) situated in a member State, and
(b) established solely or mainly for the purpose of providing further or higher education.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
Does that mean that after 29th March students registered at an educational establishment in the UK will no longer be eligible for the council tax exemption?
International students who come to the UK to study (from EU or anywhere else) are generally registered as members of a UK University.
The Council ask for proof of full time University registration in the UK, they are not bothered about Nationality of the Student.0 -
But the legislation (currently) requires registration at a university in an EU member state. And - I don't know if you've heard about this - but the UK might not be an EU member state for a lot longer...0
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International students who come to the UK to study (from EU or anywhere else) are generally registered as members of a UK University.
The Council ask for proof of full time University registration in the UK, they are not bothered about Nationality of the Student.
Many come here from Europe to study at UK establishments but an awful of of students in the UK are still registered at other member states universities.
If the legislation is read clearly though, until it is changed, it requires the educational establishment to be in a member state . Unless it's changed by 29 March 19 it will have the perverse effect of ruling out all higher education students who aren't registered at a uni in a member state - so, as the UK will not be a member state, a person could not be a student if they were registered at a UK establishment (but ironically would still be if registered in a remaining member state).
It will be interesting to see when legislation will be put through to change it, or as often happens with changes, it falls through a crack.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
The issue is not the nationality of the student.International students who come to the UK to study (from EU or anywhere else) are generally registered as members of a UK University.
The Council ask for proof of full time University registration in the UK, they are not bothered about Nationality of the Student.
It is the national 'situation' of the educational establishment.
Exemption is (currently) limited to educational establishments in the EU. Once we leave the EU, UK universities (etc) will no longer be "situated in a member state".
There must be thousands of bits of leglislation and other rules like this that will need amending. The work to do so, combined with the mess caused by overlooking some, will probably cost the equivellant of 3 NHS hospitals.......0
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