Council Tax

scooter_

I paid full council tax from 2011 to date, when on my own. I have now claimed single person discount, but the Council have restricted it to 6 years from receiving my claim
I assume this is statute of limitations and they are correct ?

Still got nothing to pay this year and a refund so not too bad

shaun_from_Africa

The statute of limitations doesn't apply as this only limits the amount of time that a person or company has in which to start legal action, something that you haven't had to do.

How many years that the council concerned will allow you to claim for is up to them.
According to this report:
https://www.thisismoney.co.uk/money/experts/article-2602601/My-wife-left-2010-I-council-tax-discount-backdated.html
some (such as Oldham) have no limit but some may have as little as 6 months.

CIS

scooter_ wrote: »

I paid full council tax from 2011 to date, when on my own. I have now claimed single person discount, but the Council have restricted it to 6 years from receiving my claim
I assume this is statute of limitations and they are correct ?

Still got nothing to pay this year and a refund so not too bad

s9 of the Limitation Act 1980 limits how long after the 'cause of action' a person can bring a claim - there is nothing within council tax legislation itself regarding backdating.

What the council are in effect arguing is that 'cause of action' was when the demand notice was originally issued and that you should have realise at that point you could claim. The council have the legal duty to ascertain under reg14 of the Administration & Enforcement regs 1992 if a discount would apply and they usually claim this duty is discharged by the information they have to supply (The regulation states that "...in respect of any dwelling in its area, a billing authority shall take reasonable steps to ascertain whether that amount is subject to a discount...").

As to whether the duty under reg14 (and how the council maintain they are fulfilling it or not) is correctly discharged is something that can be challenged but the tribunals have given different opinions on it

A key point is whether or not the council had anything earlier to suggest that you were the sole occupier ?


Councils should not be restricting backdating to an arbitrary figure - those who are should be challenged to tribunal as it is not compliant with their legal duty.