Council tax arrears and single person discount

danski39

Hi,

I’m looking for advice from anyone who has experience of reclaiming overcharged council tax retrospectively. 

The situation I’m currently trying to resolve has two strands to it:

1) I have substantial arrears, nominally in excess of £4K, comprising part of the year 23/24 and the whole of the year 24/25, for which I have now been billed in full given that I was unable to keep up with monthly payments. It reached the stage of the arrears being passed on to the sheriffs officers, but I have been in contact with them and they have agreed to a low monthly repayment amount of the arrears taking into account my current lack of income, so any more drastic action has been averted.

2) In the six years since taking up occupancy I have been billed at the full rate of CT and water rates, but have in fact been the sole adult occupant throughout that period, which means I was and am eligible for the single person discount of 25%. I didn’t apply for this as I was simply unaware of the option, but  I believe I would have been listed as the sole adult on the electoral register from the get go, so is it a reasonable assumption that this discount should have been applied to bills automatically?

The council has an online form for claiming the SPD but no option for a request for it to be applied retroactively. I have notified them via a general online submission, but can’t see a more specific process for requesting an adjustment.

Can anyone advise on the best way to expedite a claim for rebate?

I am keen to settle all arrears due, but also to make sure that any overpayments are rectified.

More generally I have had no active income since my business folded several years ago. I relied on savings for as long as I could but have in the last two years been living on next to nothing, which has obviously contributed to the arrears my overall financial mess and I went into paralysis mode for a long while. I’m belatedly trying to tackle everything head on as proactively and methodically as possible. I hadn’t previously claimed any benefits, but am now looking into doing so in the immediate term and obviously longer term keen to get back into work etc.

If I’d registered for UC or other benefits sooner - obviously my own fault for not doing - I think this would also have impacted on council tax payments due, but my understanding is that I can’t expect to receive any rebate on that count retrospectively.

I’d appreciate any advice or shared experiences to help me navigate through this situation.

Many thanks.

tacpot12

This discussion seems to conclude (without this being backed up by a report of a successful claim) that the discount should be applied for previous periods when you were entitled to it, but did not claim it: Topic #1401 - backdating single occupier discount for council tax (rightsnet.org.uk)

You can site the relevant legislation to your council and engage the support of your local councillor if you want to. If you have home insurance, check to see if you have legal expenses cover. If you do, you could call the legal helpline provided by your insurer and ask them if there is any case law on this.