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Council Tax Runaround
HappyScotsman
Posts: 103 Forumite
My late mother had a bit of a run around before she passed away, and I feel like the Council Tax folk in her area are doing the same to me.
Last July she fell and broke her leg so off to hospital she went. After a bit she was medically fit but since she lived on her own and would have been unable to look after herself, she was transferred to a care home while her leg healed enough to start physio and rehab. Several months later she was transferred to rehab. Several months after that, they had done what they could do and were ready to send her home. However, since this would have been over Christmas and carers would have been in short supply, and after discussing it with Social Services, she was transferred to another care home. Finally, late January, she went home with carers going in three times a day. Sadly, after a week, she was taken into hospital and passed away a couple of weeks after that.
All of the bills except for the last one were picked up by the NHS and the final one by her local council under their covid funding scheme. Could could have easily paid for her residential care if they had asked.
Council Tax folk refunded for her final stay in hospital, but said that since she returned home, even for a few days, she wasn't entitled to refund for her 6 month absence. This feels wrong to me but I can't find detailed exemption rules on their site to challenge them.
Does anyone know if there are grounds for a fight to be had or if they have interpreted the rules correctly?
Last July she fell and broke her leg so off to hospital she went. After a bit she was medically fit but since she lived on her own and would have been unable to look after herself, she was transferred to a care home while her leg healed enough to start physio and rehab. Several months later she was transferred to rehab. Several months after that, they had done what they could do and were ready to send her home. However, since this would have been over Christmas and carers would have been in short supply, and after discussing it with Social Services, she was transferred to another care home. Finally, late January, she went home with carers going in three times a day. Sadly, after a week, she was taken into hospital and passed away a couple of weeks after that.
All of the bills except for the last one were picked up by the NHS and the final one by her local council under their covid funding scheme. Could could have easily paid for her residential care if they had asked.
Council Tax folk refunded for her final stay in hospital, but said that since she returned home, even for a few days, she wasn't entitled to refund for her 6 month absence. This feels wrong to me but I can't find detailed exemption rules on their site to challenge them.
Does anyone know if there are grounds for a fight to be had or if they have interpreted the rules correctly?
0
Comments
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@CIS is very knowledgeable about council tax, but I'm not sure how often they frequent this particular part of the forum.Did your mother own her own home or was she renting ?Presumably the property was empty during her absenceI'm not clear why you think she is due a refund - as far as I'm aware you are not entitled to one just because you leave a property emply ?And my final question - are we talking England or Scotland here ?1
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I assume it's a Class E exemption they have refused - that requires that the person's sole or main residence at the property has ceased, they are technically correct in that by returning to the property the Class E cannot apply as it did not cease to be their sole or main residence.
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.1
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