Council tax reduction Application

[Deleted User]

Hi

Grateful for any help.

I've been given a fit note for a couple of months and the doctor I saw said lose the pride and put it into the benefit system - I'm trying to follow the advice and managed to make a brand new claim for Universal Credit eventually working out how to declare that I had a fit note. I did see something about assessment possibility after 4 weeks.

I'm now struggling where I'm making the seperate application needed to my local council for the Council tax reduction part - but, the form is a tad confusing and this is where I'm unsure am I on Jobseekers or Employment & Support Allowance?
(It's as if the form was created pre universal credit.)

calcotti

Suggest you ring the local authority and ask them how they would like the claim completed if there is no UC option.

[Deleted User]

Ok I will.

[Deleted User]

Actually Citizen's Advice have just returned a call back about their drop in clinics which I can start going to and trying for from next Monday - shall I wait and just speak to them then about it as I do see them saying they help with Universal Credit as well.

I'm not sure I trust the Council as there has been around 7 calls in the past 2 years when apparently they've never picked up I live alone.

KatrinaWaves

You have to apply for single person discount. It is not for the council to ‘pick up’ on phone calls. You will have had at least 2 bills showing no discounts. There is no point distrusting the council over this. Apply for the discount and get it backdated.

CIS

KatrinaWaves wrote: »

You have to apply for single person discount. It is not for the council to ‘pick up’ on phone calls. You will have had at least 2 bills showing no discounts. There is no point distrusting the council over this. Apply for the discount and get it backdated.

Strictly speaking legislation places the onus on the council to determine eligibility for a discount prior to issuing a demand notice. If the council were aware a discount may have existed then they have a duty to check eligibility - if a case was to go to the valuation tribunal then they'd likely find against a council if the knowledge was shown to have existed.

Loz01

Deleted%20User wrote: »

I'm not sure I trust the Council as there has been around 7 calls in the past 2 years when apparently they've never picked up I live alone.

I work for the council and its not for them to decide or work out if you live alone - you need to confirm you are the only adult over the age of 18 by completing a single person discount form. Just because one person is only named on the council tax account, it doesn't automatically mean they live alone with no other adults in the property.

CIS

Loz01 wrote: »

I work for the council and its not for them to decide or work out if you live alone - you need to confirm you are the only adult over the age of 18 by completing a single person discount form. Just because one person is only named on the council tax account, it doesn't automatically mean they live alone with no other adults in the property.

Most councils tend to forget their legal duty under regulation 14 of the Admin & Enforcement Regs (and the Valuation Tribunal have to remind of this fact quite regularly). The duty to reasonably ascertain discount entitlement rests with the council so if there is a suggestion that a discount applies the duty is with them to investigate further.
Reg 14 states that this work must be undertaken before issuing a demand notice.

Before making any calculation for the purposes of Part V of these Regulations of the chargeable amount 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 or premium, and if so, the amount of that discount or premium

A good case to read on this is the VT President's decision in Singh where a discount was backdated to the 1990's (19 yrs worth of discount) due to the council's failure in acting on information they had and checking for a discount entitlement.

The failure of the BA to act on the knowledge it acquired in the 1990s is significant in two respects. First,it means the BA cannot claim to have taken reasonable steps to ascertain whether the disregard applied. Secondly, it absolves the appellant from any responsibility for failing to alert the BA to his situation as a carer.

I've taken cases to the Tribunal and won on the failure of the council to adequately ascertain discounts due to them not asking the relevant questions when they had some information that suggested an entitlement may occur.

[Deleted User]

Back to the original question, instead of trying to guess, why don’t you just ring the council and say there is no UC option on the form what should you do.

calcotti

MarkN88 wrote: »

Back to the original question, instead of trying to guess, why don’t you just ring the council and say there is no UC option on the form what should you do.

As suggested by me at #2!

[Deleted User]

Loz01 wrote: »

I work for the council and its not for them to decide or work out if you live alone - you need to confirm you are the only adult over the age of 18 by completing a single person discount form. Just because one person is only named on the council tax account, it doesn't automatically mean they live alone with no other adults in the property.

Take your point. Whilst you presume they have not had a yearly posted form from me, I just trusted myself to put them back in the post box simply thinking that's that confirmed from my declaration on moving into the property in 2015. From now on in I'll be using the text message service and generating a proof that way, whether the form makes any difference or not. Goodness, a tick for why we should have a mobile! likewise I had no idea about any online account for council tax until the last conversation so I suppose that is something, which is ultimately where I was guided to apply for the single discount to 'now' be applied. Forget any paper forms!

I've lived under one other council for 10+ years without any of this type of problem and rather random incorrect statements of late arriving from the now dual council I'm under, so forgive me for expressing my thoughts, what more can I say.

Many thanks to everyone for the responses.