Care Home and Council Tax

KittyMac

Mum has been in a care home for eight weeks and I have asked the council tax dept to redirect the council tax bill to my brother who lives in her property but they are saying until we sign a permanent contract with the care home they won't do it and the bill remains my mums responsibility. This is also bearing in mind mum has the SMI discount and there is only any bill due because my brother lives there but he has never contributed to the council tax bill. I have cancelled the direct debit as I can't believe she has to pay this - when the social workers finish their assessment she will be on a permanent contract I am 99% certain and she needs every penny she can get at the moment. I am hoping my brother will pay the council tax due this month using the cash payment slips they will issue when the direct debit was cancelled but if he does not am I simply running up a bill in mums name or will it all come out in the wash and they will back date and refund payments taken from when she first went into the care home? I am obviously being too simplistic in thinking the person living in the house is responsible for the council tax?  Anyone experienced this? I assume I should have lied and said the care home contract was permanent and not respite whilst assessment taking place.

Jeremy535897

"Usually, the person living in a property will be the liable person, but sometimes it will be the owner of the property who will be liable to pay.

The owner will be liable if any of these are true:

• the property is in multiple occupation, for example, a house shared by a number of different households who all pay rent separately

• the people who live in the property are all under the age of 18

• the property is accommodation for asylum seekers

• the people who are staying in the property are there temporarily and have their main homes somewhere else

• the property is a care home, hospital, hostel or women's refuge

If only 1 person lives in a property they will be the liable person. If more than 1 person lives there, a system called the hierarchy of liability is used to work out who is the liable person. The person at the top, or nearest to the top, of the hierarchy is the liable person. Two people at the same point of the hierarchy will both be liable.

The hierarchy of liability is:

1. A resident owner-occupier who owns either the leasehold or freehold of all or part of the property.
2. A resident tenant.
3. A resident who lives in the property and who is a licensee - this means that they’re not a tenant, but have permission to stay there.
4. Any resident living in the property, for example, a squatter.
5. An owner of the property where no one is resident."

From https://www.citizensadvice.org.uk/housing/council-tax/council-tax/

It seems that the council don't accept that your mother is not living there because she might resume occupation, even though she would not be counted as an adult if she did occupy it. It might be worth speaking to Citizens Advice about the matter.

CIS

KittyMac said:

Mum has been in a care home for eight weeks and I have asked the council tax dept to redirect the council tax bill to my brother who lives in her property but they are saying until we sign a permanent contract with the care home they won't do it and the bill remains my mums responsibility. This is also bearing in mind mum has the SMI discount and there is only any bill due because my brother lives there but he has never contributed to the council tax bill. I have cancelled the direct debit as I can't believe she has to pay this - when the social workers finish their assessment she will be on a permanent contract I am 99% certain and she needs every penny she can get at the moment. I am hoping my brother will pay the council tax due this month using the cash payment slips they will issue when the direct debit was cancelled but if he does not am I simply running up a bill in mums name or will it all come out in the wash and they will back date and refund payments taken from when she first went into the care home? I am obviously being too simplistic in thinking the person living in the house is responsible for the council tax?  Anyone experienced this? I assume I should have lied and said the care home contract was permanent and not respite whilst assessment taking place.

They are correct for the purposes of council tax liability - until she moves out permanently then she remains resident at her house for council tax purposes. Once she gives up the intention to return then the council tax needs looked at again.

The relevant point is that which her 'sole or main residence' changed for council tax purposes.

Liability cases can be a pain to argue.

KittyMac

Thanks - I was being a bit too black and white I guess.   Hopefully it will all be sorted soon.