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Council tax exemptions and appeals

Hi
My daughter moved to the Isle of Wight at 38 weeks pregnant (to be close to us) and as she had to leave her university course, had to start claiming universal credit. Due to complications after the birth she did not submit council tax exemptions /reduction until November and now the council will only back date her claim by one month. This means she's expected to pay the full amount for August and September which she just doesn't have. I've looked over her council tax bills and can't find this policy so where do we stand legally on this please? Has anyone been through a similar situation and what was the outcome?
Thank you

Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Council tax reduction (CTR) is different to a council tax discount/exemption when it comes to backdating as it has its own rules.



    Each council (within legal limits) can write their own scheme. The scheme will be published on their website.



    CTR is very strict on the backdating, forgetting to claim is not likely to give rise to a good reason and unlikely to win an appeal on those grounds.
    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.
  • pmlindyloo
    pmlindyloo Posts: 13,104 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Am I right in thinking that there is no limit for backdating for the single person's discount? (I am presuming, of course, that she is a single person as no mention is made of partner living with her)

    At a minimum the single person's discount should be applied.

    Some councils do allow backdating if you can prove good cause. Complications following a birth (hopefully she has evidence of this) may be seen as good cause.

    Also, isn't there something like a Discretionary Housing Payment available for council tax?
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Am I right in thinking that there is no limit for backdating for the single person's discount? (I am presuming, of course, that she is a single person as no mention is made of partner living with her)
    Correct but it can be an argument to do so. Some councils grant it easily, others require a tribunal as they won't give any ground. Each council is different.


    Some councils do allow backdating if you can prove good cause. Complications following a birth (hopefully she has evidence of this) may be seen as good cause.
    True but I'd expect that to have already been considered if the council have been made aware of the circumstances.


    Also, isn't there something like a Discretionary Housing Payment available for council tax?

    Section 13A discretionary relief, and it can be backdated.
    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.
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