Entitled to single person 25% Council Tax discount as parent with 19 year child abroad as an au pair

TrinityRise8

I'm a single parent and my local council have taken away my 25% single person discount. My 19 year old daughter has gone to Luxembourg for a gap year to be an au pair. If she were a full-time student or doing some apprenticeship schemes then there would be no argument about me keeping the discount. The council first tried to argue that she left "for employment reasons" and so if she lost her "job" then she would have to return to my house, so this must still be her main residence.
I pointed out that:
1) both in the UK and Luxembourg, an au pair is not considered to be an employee.
2) she's now considered to be resident of Luxembourg according to the Luxembourg authorities.
The email I got back from the council just ignored the 2nd point and instead focussed on the 1st point. It said that "if the family chooses to no longer employ her, she will no longer have accommodation or the ability to stay in Luxembourg. For this reason your property will continue to be considered Anna's main place of residence to which she intends to return and I am unable to award the single person discount".
Am I just imagining it, or are they just being completely unreasonable? 
If you have children of any age who have left home then normally you'd offer them a roof under their head if they lose their accommodation, for any reason. But that shouldn't stop you getting a single person Council Tax discount. 
Unfortunately appealing again now means going to a tribunal :-(

TELLIT01

The OP says that an au pair is not considered to be employed.  Therefore I assume the council is considering her still to class the parental home as her home and is effectively on an extended holiday.

peteuk

I assume (I know I shouldn’t) but the OP thought  as daughter is not residing in the UK, or certainly not at the home address… then not liable for the CT.

I would ask is she being paid locally or in the UK via an agency?  Does she still have a UK bank account of which she is being paid into and if so does that bank account have the UK address (the one being charged CT on) 

If so, I would go with Tellit01 and say Council still consider this as her address - therefor liable for CT as Au Pair is not formal employement.

fatbelly

If she has an address in Luxembourg then the council should regard her as not resident at the op's address.

Sounds like one to be escalated to the LGO

https://www.lgo.org.uk/make-a-complaint

TrinityRise8

Thanks peteuk. No, she's being paid locally in Luxembourg. She still has a UK bank account, but why wouldn't she? Her Luxembourg contract finishes in a few months and she'll return to the UK to go off to uni.
Thanks Tellit01 - the email from the council still talks about her being "employed". It's more that they are making the point that if she loses that employment then she'll need to return home to me.

FlorayG

I think you just got to connect with the wrong person at the council ( That happens a lot!) 
If she has a main address in a foreign country then she doesn't have a main address in the UK. That's what 'main address' means - the one you currently consider to be your home address.
If your council were correct then I could claim single person discount all the time, because I have lodgers and none of them stay very long so I could argue this isn't their main address ( it wouldn't work).
If your daughter had gone to be an au pair in UK then that place would be her main residence
Also, your daughter is an adult, so you could just tell the council that she has left home and you have no idea what she plans to do when this job finishes

TrinityRise8

Thanks FlorayG - Ithink it's more that they're a useless council. I just get the sense that they reckon I won't bother to appeal.

TrinityRise8

Many thanks fatbelly, didn't realise that this was an option as well as actually appealing against the Council Tax decision

Bigwheels1111

TrinityRise8 said:

Thanks FlorayG - Ithink it's more that they're a useless council. I just get the sense that they reckon I won't bother to appeal.

Not had this issue, but had an issue claiming a refund.

The first answer is always NO from the council.

My claim was due the hand / wrist surgery I am out of work and claiming benefits, I claimed from XXX

but you have not backdated it, My claim was entered after this date as someone else had to write out the form as my hand is in plaster.

Reply, Claim denied.

Reason for backdated claims to accepted, Surgery.

Sent another letter stating, Surgery was in the first five words in my claim.

Reply, Granted.

Had this twice now.