Rules for reclaiming Council Tax when owner in a care home

TheGoldfish

At the beginning of 2021 my elderly mother's health deteroirated to point where she was unable to live at home and moved into a care home. While there she had an operation in hospital and with the care she received in the home recovered enough for her to decide try living at home with carers again after 8 months in the care home.The house was unoccupied while she was in the care home.

At the start year my mother's health had deteriorated to the point where she could no longer live at home and moved back into a care home. I had issues with Social Services not giving a straight answer to various questions so decided to get some advise from AgeUK. In addition to giving advise on what I should expect from Social Services, they also said we could reclaim the Council Tax paid during 2021 when my mother was in the care home as this wasn't just respite care and it was a long term contract.

My mother passed away shortly after arriving at the care home this year and I've only recently got round to filling in the council forms to request a refund. The council declined to even consider the request on the grounds that my mother had everntually moved back home and so it was not a permanent move. This seems at odds with what AgeUK told me. Other organisations also seem to use the phrase 'long term' and not 'permanent' for this situation where as most council website use the word 'permanent'. The council form also stated that people could reclaim council tax when staying in hospital or prision. In most cases neither of those are 'permanent' moves.

Does antone have any knowledge or advise as to what the rules are? Can it vary from council to council?

Thank you

YorksLass

I'm not sure if the stance varies from council to council, but on my council website it says there is no CT discount for empty homes but there are certain exceptions eg if the owner goes into a care home or dies.

If it's a care home, then they may not have to pay but this only applies if they are not planning on returning home. 

If someone dies, the council may be able to grant an exemption with no CT to pay for a set length of time.  This may apply until probate or letters of administration are granted and will continue for up to six months - unless someone else becomes the owner.  The exemption will not apply if:

(a) the deceased jointly owned the property with someone else;
(b) the deceased was neither the tenant or owner of the property eg if they lived in a property owner by son/daughter;
(c) the property has been occupied after the date of death for more than 6 weeks.  

In your case, it would seem you cannot claim for the time your mother was in hospital/care home during 2021 (because she returned home) but a claim for the current year would be valid.

Hope this helps.

TheGoldfish

YorksLass said:

In your case, it would seem you cannot claim for the time your mother was in hospital/care home during 2021 (because she returned home) but a claim for the current year would be valid.

Sadly I was only exempt from paying council tax from the date of death to six months after the date of probate. It only took 5 weeks for probate to come through in April so have just started to having to pay it. 

Kim_13

TheGoldfish said:

YorksLass said:

In your case, it would seem you cannot claim for the time your mother was in hospital/care home during 2021 (because she returned home) but a claim for the current year would be valid.

Sadly I was only exempt from paying council tax from the date of death to six months after the date of probate. It only took 5 weeks for probate to come through in April so have just started to having to pay it. 

This is as expected, the 6 months from probate presumably in recognition that it would be unfair for the estate to be liable for CT without the executors having had an opportunity to sell the property to remove that liability. How realistic it is to achieve a fair sale in 6 months is another matter, with executors likely to be grieving, legals dragging on and buyers wanting money off after a price has been agreed (but of course, nothing signed so they either come to another agreement quickly or have to pay the council.)

The claim referred to for this year would be for the date on which your mother moved into the care home until her death - very little compared to the CT paid in 2021 but this year there was clearly no intention to return so the estate is due a refund of the monies your mother paid.

TheGoldfish

Kim_13 said:

The claim referred to for this year would be for the date on which your mother moved into the care home until her death - very little compared to the CT paid in 2021 but this year there was clearly no intention to return so the estate is due a refund of the monies your mother paid.

Yes, my mother was only in the care home for 9 day before she passed away

tealady

We got mums home zero rated from the day she went into permanent care (dementia)
I would suggest you ask your Councils for clarification, as has been said it may vary from Council to Council.
As the saying goes " shy bairns get nowt"

lincroft1710

tealady said:

We got mums home zero rated from the day she went into permanent care (dementia)
I would suggest you ask your Councils for clarification, as has been said it may vary from Council to Council.
As the saying goes " shy bairns get nowt"

OP's mother only went into permanent care 9 days before she sadly passed. The 2021 stay was only temporary (8 months) until she returned home.