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Coronavirus business support grant from local council


I am currently appealing my decision by my local Council that has refused me any financial help from the covid business grant fund. The have also declined my appeal in house.
I am liable for business rates and eligible for business rates relief from 1/1/20 , but as my property was under rates assessment from the valuation department at the time of lockdown.
I have received my rates dated 1/1/20 from the valuation department, but it wasn't processed until Sept 2020 , as the new property was a new build and needed full rates assessment.
My previous business rates account was held for 4 years, but ended with my property move Jan 2020
I am looking for advice regarding where I stand legally , as there doesn't seem to be an official appeals process.
Many thanks
Comments
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There is no appeals process, but you could try putting the facts to your MP. The council don't have to pay a grant to anyone who was not on the rating list at 11 March 2020, but they were encouraged to rectify omissions that are not the fault of the ratepayer. Did you occupy the premises for business purposes by 11 March 2020?0
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Yes I occupied it from January 2020 ( I built a home salon) as there was no rateable value, the valuation department needed to do a fully assessment for rates, instead of just updating rate payer. This is a long process, as a lot of home based businesses may not be eligible for rates.0
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There is no reason a home salon subject to rates should be treated differently. The problem is the lack of entry in the rating list at 11 March 2020. The detailed guidance to local authorities says:
"42. Any changes to the rating list (rateable value or to the hereditament) after the 11 March 2020 including changes which have been backdated to this date should be ignored for the purposes of eligibility.
43. Local Authorities are not required to adjust, pay or recover grants where the rating list is subsequently amended retrospectively to the 11 March 2020.
44. In cases where it was factually clear to the Local Authority on the 11 March 2020 that the rating list was inaccurate on that date, Local Authorities may withhold the grant and/or award the grant based on their view of who would have been entitled to the grant had the list been accurate.
45. This is entirely at the discretion of the Local Authority and only intended to prevent manifest errors.
46. Where the Local Authority chooses to use this discretion then landlords and managing agents are urged to support the Local Authority in identifying quickly the correct ratepayers."
See https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/907955/business-support-grants-funding-schemes-local-authorities-guidance-v6.pdf
Local authorities also have a smaller pot of money for discretionary grants to use in circumstances where the main grant does not apply, and you could ask the council about that.0 -
Thank you, I applied for the discretionary grant after my business rates grant was declined, that was also declined. I get the feeling that no matter what I apply for it will get declined. My bills all say I am liable and responsible for rates from 1/1/20 . I had a business rates account with another council for 4 years the switch took place 1/1/20 to the new council.
Surely they must understand the length of time it takes to get a new build property assessed for rateable value, to see if business rates will even be applied , and that there's nothing for me to register with them while this process takes place, especially during a pandemic it will take longer. The valuations department got all the planning information etc and completion of the build date, and details of my transfer to my new Property, that's why they assessed me as being liable for the property from January and not the date the assesment was finally completed. My business rates relief will also be dated from January.
I just get the impression that they have personally decided to say no, and there's no discretion if they don't want to help , then they won't.
I know the new tenants of my previous property ( different council to the ones declining me) were not registered for rates or anything when lockdown started , in fact the council still had my details. They managed to get their names backdated on a buisness rates relief account, that didnt even exist at lockdown. As they hadn't even held any business rates previously, and they got the grant, I supported their case by confirming my moving date. As I'm an honest person and I follow all the guidelines , I just didn't expect my new council to be so unhelpful.0 -
I suggest you raise the matter with your MP then.0
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Councils were given guidance, they have acted on the guidance, unfortunately if the guidance failed to consider newly built properties which weren't rated that's an issue for Government.
As I understand it the last day for any payments to be made is 30 September. So be quick in contacting your MP.
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Thank you, I have contacted my local MP and the councils ombudsman as I have exhausted all appeal processes with my council. They are adamant i recieve no financial help. It seems that councils are inconsistent with their discretion, so I guess its another postcode lottery for supporting businesses that don't fit the criteria 100% .
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