UC and Council Tax

CIS

If they go to court tomorrow, admit they were mistaken / misled / whatever they can get an arrangement to pay which is a) affordable and b) will not include bailiff fees. So it will financially advantageous for them to go and seek a payment arrangement.

Only if the council wish to give one, there is no requirement to do so and the court cannot order one.

Highland76

OP,
If it helps, when I was claiming UC up until recently, 100% of my council tax was paid for through UC. The only thing i had to pay the council for was water charges, as in Scotland our council tax & water bills are paid together.
HTH.

calcotti

Highland76 wrote: »

If it helps, when I was claiming UC up until recently, 100% of my council tax was paid for through UC.

This is definitely not what happens in England. Council Tax Reduction is a separate benefit to UC and is claimed from the local authority and not the DWP. https://www.gov.uk/apply-council-tax-reduction
I have no idea of things are managed differently in Scotland, this page suggests not https://www.gov.scot/policies/local-government/council-tax/

In England very few local authorities provide 100% Council tax Reduction to working age claimants.

CIS

lottieholder wrote: »

I've just been contacted by two friends who are each due in court tomorrow for non-payment of their council tax bills. They tell me that they have had no pre-warning and thought that the CT was being paid as part of their Housing Benefit which is included in the Universal Credit. It appears this isn't so.

One of them went to Citizens Advice last week who advised them that "everybody" was getting these summonses and not to bother going to court.

I feel that this was bad advice and I think they should turn up, state their cases and they will probably get the opportunity to pay the tax in instalments, they can then appeal and apply for the credit which is what they should have done in the first place.

Am I right or have I now given the wrong advice?

Prior to the liability order the council have to have issued a demand notice, at least one reminder and the court summons. Providing these have been sent to the last known address then the onus would be on them to show that they weren't received if they want to go down that route.


The court cannot make any order regarding instalments, that is purely down to the council to decide on. They may or may not make an arrangement if they have an officer at the court and they speak to them.

What CAB were likely try to get at is that there is no requirement to attend the hearing and, unless you have a valid defence, they will grant the order anyway. It's then down to negotiating with the council, which can be tried at any point.


If it has got to the point of liability order hearing then they have likely lost a lot of time in respect of backdating any council tax reduction and so they need to apply to the council ASAP - this is however not a defence against a liability order being granted.

Highland76

calcotti wrote: »

This is definitely not what happens in England. Council Tax Reduction is a separate benefit to UC and is claimed from the local authority and not the DWP. https://www.gov.uk/apply-council-tax-reduction
I have no idea of things are managed differently in Scotland, this page suggests not https://www.gov.scot/policies/local-government/council-tax/

In England very few local authorities provide 100% Council tax Reduction to working age claimants.

Apologies, dunno why I wrote that:rotfl: Yes, I remember once my UC claim was submitted, i also had to apply separately to Highland Council for council tax reduction. I was successful and got a 100% reduction

Highland76

Afraid_of_Kittens wrote: »

Each local authority runs their own local council tax scheme. You have to apply for help directly with the local authority. It is rare to get 100% help now. Even if you are unemployed you may be expected to pay something towards your council tax.
.

Highland Council gave me a 100% council tax discount once I was getting UC (when i lost my job), though I had to apply for council tax reduction directly through Highland Council's website. Though I've no idea if 100% council tax discounts are offered by LAs south of the border!

CIS

Highland76 wrote: »

Highland Council gave me a 100% council tax discount once I was getting UC (when i lost my job), though I had to apply for council tax reduction directly through Highland Council's website. Though I've no idea if 100% council tax discounts are offered by LAs south of the border!

Very few offer more than about 80% - Scotland may have retained full funding rather than delegating it to local authorities.

calcotti

CIS wrote: »

Very few offer more than about 80% - .....

for working age claimants. I believe national rules still apply for pension age claimants even in England.

lottieholder

Update. I took one of said friends to the court. She didn't need to go in. It was all sorted out with an officer from the council. 10 mins and it was over. £20 a month. I did ask the officer what would happen to someone who had ignored the summons and not turned up. So the other friend now has a liability order against her plus court costs. She will be expected to pay in full and if she doesn't then the bailiffs will turn up adding another £500 to her bill. She's playing ostrich.

CIS

lottieholder wrote: »

Update. I took one of said friends to the court. She didn't need to go in. It was all sorted out with an officer from the council. 10 mins and it was over. £20 a month. I did ask the officer what would happen to someone who had ignored the summons and not turned up. So the other friend now has a liability order against her plus court costs. She will be expected to pay in full and if she doesn't then the bailiffs will turn up adding another £500 to her bill. She's playing ostrich.

Even for the one who turned up there will almost certainly be a liability order obtained, just no further enforcement on it whilst the agreed payments are made. Number 1 rule of council tax recovery, never not obtain the liability order as your screwed if payment is not made.


I'd expect that they'll probably attach the Universal Credit before using an enforcement agent, most will do so.