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No refund from lowered Council tax band

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Hi everyone,

Just after a bit of advice. To cut a long story short, I have been in the wrong council tax band since I moved into my flat in 2010. I recently challenged this and was moved from a band B to a band A.

I spoke to my local council (Bristol) regarding a rebate and they have expanined to me that I have overpaid council tax by £1200 over the 9 years - however, as I have received some council tax benefit to cover part of my council tax (as I work part time and I'm single mum), they have claimed that money as there's. I pay around £80-90 per month for council tax.

Are they allowed to do this? Is there any point in appealing?

Thanks in advance :)

Comments

  • Nick_C
    Nick_C Posts: 7,602 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Home Insurance Hacker!
    Yes, of course they are.

    They work out your council tax benefit based on what you can afford to pay. If your council tax increases, the increase is covered by increased benefit. The same applies if your council tax goes down.

    If your circumstances improve in future and you no longer need help with your council tax, then you will benefit from the banding reduction.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You will only get a refund after any council tax benefit and council tax discounts are first re-assessed.

    The order of priority for the adjustment is always to calculate the full charge, apply any discounts, apply any council tax reduction and then offset any payments made - only of this end action leaves a credit will there be a refund.

    If people have had to pay something then there is at least some chance there may be a refund. It is surprising the number of cases you see where a person had full council tax benefit or a full exemption and still asked for a refund.


    To say whether or not the council are correct would need a full look in to the council tax account transactions to see what the actual calculations are (which can be fun, I recently spent 2 hrs going through transactions to check a similar case).
    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.
  • Thank you for your responses.

    I just find it hard to believe that they have overpaid me council tax benefit by £1200 over the years as I barely get any council tax benefit!

    They are going to do another thorough investigation and get back to me, I may possibly get something back, or I may not!
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