Class I exemption question

5 Posts

My parents-in-law moved in with my husband so that we could look after them due to old age and ill health. They never went back to their old home and no-one ever stayed there - even for one night. Due to lack of space and my mother-in-law's need for her own bedroom to fit in care equipment, my husband and I moved next door, but carried on caring for them. My father-in-law then took over paying council tax on the house he was sharing with his wife.
The council for his old house has granted a Class i exemption for the period they lived with us and didn't pay council tax here, but they are claiming that as soon as he started paying here, his old home became a "second home" and therefore full council tax was payable.
My question is if this is correct and if so, where is stated in the government regulations? I can find references for the regulations stating the following:
"Class I: an unoccupied dwelling which was previously the sole or main residence of a qualifying person who–
The council for his old house has granted a Class i exemption for the period they lived with us and didn't pay council tax here, but they are claiming that as soon as he started paying here, his old home became a "second home" and therefore full council tax was payable.
My question is if this is correct and if so, where is stated in the government regulations? I can find references for the regulations stating the following:
"Class I: an unoccupied dwelling which was previously the sole or main residence of a qualifying person who–
(a)has his sole or main residence in another place (not being a hospital, residential care home, nursing home, mental nursing home or hostel within the meaning of paragraphs 6, 7 or 8 of Schedule 1 to the Act) for the purpose of receiving personal care required by him by reason of old age, disablement, illness, past or present alcohol or drug dependence or past or present mental disorder; and
(b)has been a relevant absentee for the whole of the period since the dwelling last ceased to be his residence;"
However, I cannot find any mention of this eligibility coming to an end when someone starts paying council tax elsewhere.
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Surely it cannot be right that old people are penalised for being cared for by their family, rather than in a care home?
It is not a case of penalising old people as anybody else would be treated the same.
I would argue that they left the property to receive care and they have remained a relevant absentee - there's nothing to say that your circumstances regarding council tax liability cannot change (i.e. go from a guest to a liable person) providing the Class I requirements are met. This sounds like an interesting case to argue with a local authority (better than the HMO cases I have mainly had of late !) but I'd expect a tribunal (which are also a pain in the backside of late).
Thank you for everyone's input! I will report back on the outcome in due course.