Mistake in council tax support

mrsyardbroom

The local council have just discovered that last year they didn't include one of my pensions in their calculation for council tax support. Last year they sent someone round to help me and she verified that she had seen all the documents available at the time. This included my state pension and work pension. I had just been bereaved and was finding it really difficult to cope with the paperwork. When my late husband's work pension was finally sorted out the council asked me to send them the details.

Yesterday I recieved a call to say that I had never sent the details. I knew this was rubbish as I sent everything by post but they lost the documents. I sent them again by email but several weeks later they said they couldn't open the files. I sent them again in pdf format which I know they received and opened as the next thing I heard was that I didn;t need to pay any council tax.

In the telephone call yesterday I could barely hear what the person was saying but I gathered they were claiming I'd never told them about my late husband's pension and they wanted the details straight away. I have emailed them the same details I sent them last year and have pointed out that they have already seen the document. They will realise this in three weeks time when they eventually get around to opening the email. However, I think they forgot to include my works pension in the calculation. The point is, can they make me pay council tax for last year when they made a mistake? Unfortunately I've spent the money on food and heating and some essential house repairs where the house structure was in a dangerous state and couldn't be left. I didn't think I would need to save money for council tax to cover their mistake.

calcotti

If overpayment results from official error the local authority are not permitted to recover it unless you could reasonably have been expected to realise that you had been overpaid.

mrsyardbroom

I was unable to understand the paperwork and I'm still confused. They took over four months to process my claim and I had just been bereaved. I genuinely thought it had been properly calculated so hopefully they won't try to charge me for it.

Alice_Holt

Unfortunately Council Tax reduction is classed as a discount not a benefit, so the usual rules concerning Council Tax Benefit / Housing Benefit over-payments do not apply.

It may be possible to ask for discretionary reduction of the bill under s13A Local Government Finance Act 1992 on the grounds of an admitted mistake. I would involve your ward councillor in such an exercise. I believe if the request is refused you may have appeal rights to the Valuation Tribunal Service.

You may wish to see if Shelter can offer guidance:
https://england.shelter.org.uk/get_help

calcotti

OP, I believe Alice is incorrect and my response was wrong. My apologies.

CIS

That is the problem in respect of council tax support compared to council tax benefit, the system is far less robust in respect of errors.


The S13A(1)(c) reduction is a useful application to make as any refusal can be appealed to a valuation tribunal for them to rule on it, you don't have the same luxury in respect of your dispute over the council tax reduction error. To clarify, anyone can make an application for a s13A(1)(c) reduction in respect of their council tax charge and give any reason for doing so, the council (and ultimately a valuation tribunal) can then determine if it is right to award it.