Retrospective Discount - Council Tax - Council won’t backdate more than 3 months - WALES

PitterPatterRainDrops

Currently on maternity leave but technically classed at unemployed (agency Social Worker). Prior to having baby saved up a pot of money to cover all bills for 12ish months, then live week by week on maternity allowance, obviously one of the bills I accounted for was CT as I’ve just always paid it. 

Completed multiple benefit checkers whilst on MA which didn’t ever flag up anything other than what I was on and 25% single person discount. 

It is only when I’ve come to claim UC for a short period (MA is only for 9 months) that I’ve realised I didn’t need to be paying CT whilst on MA. 

Completed online form, requested backdate to July 2024. Council agree I don’t need to pay and fit criteria for backdate (reasonable cause etc) but state that legislation only allows them to backdate for 3 months. 

Now I’m fairly good at reading legislation but I cannot for the life of me find this clause or anything to suggest they legally are not allowed to refund me more than 3 months. 

I can see some councils backdate 6 months for those of working age. 

Please can anyone help/ advise? 

FYI I’m in Wales. 

lincroft1710

Can you quote what you believe is the relevant legislation so others can read it, please?

Jude57

lincroft1710 said:

Can you quote what you believe is the relevant legislation so others can read it, please?

My knowledge is probably out of date for this aspect of Council Tax but I don't remember there being specific time limits other than that backdating beyond 12 months wasn't usually possible. I also don't recall backdating beyond 6 months very often. The only cases where both those time limits were disregarded tended to be for individuals who, because of the horribly titled Severe Mental Impairment, couldn't have been expected to apply for the relevant exemptions in a timely manner, or indeed to apply at all.

elmer

Every Council now sets its own regulations for Council Tax reduction, if you are unhappy with their response I suggest you appeal the decision, you need to do this quickly, and usually the council will do a redetermination straight away to see if the decision is correct

PitterPatterRainDrops

lincroft1710 said:

Can you quote what you believe is the relevant legislation so others can read it, please?

That’s part of the problem… I can’t find it! There are so many different versions/ amendments/ guidance. 

I do however think I’ve just given myself a helping hand with appealing, just called the council tax department to ask what specific piece of legislation they are quoting and no one can tell me! The call handler was clearly going back and forth to the assessor who sent me the letter whose advice was then to ‘speak to the CAB about what legisislation it is’. 

So if the people who are assessing these claims don’t actually know what the legislation is what hope do we have! 

Jude57

PitterPatterRainDrops said:

lincroft1710 said:

Can you quote what you believe is the relevant legislation so others can read it, please?

That’s part of the problem… I can’t find it! There are so many different versions/ amendments/ guidance. 

I do however think I’ve just given myself a helping hand with appealing, just called the council tax department to ask what specific piece of legislation they are quoting and no one can tell me! The call handler was clearly going back and forth to the assessor who sent me the letter whose advice was then to ‘speak to the CAB about what legisislation it is’. 

So if the people who are assessing these claims don’t actually know what the legislation is what hope do we have! 

Time to involve your local Councillor. It's what they're elected for, to act as intermediaries between the people and the Council. I'm appalled that the staff you're speaking to at the Council can't answer such a simple question but hopefully your Councillor will be able to speak directly to a senior officer who WILL know what legislation/regulations/Council policy they're relying on. I certainly wouldn't have had any trouble doing so when I was in a similar role. Unfortunately, some Council staff don't seem to realise that the general public don't know the legislative framework for Council services and the same staff aren't very good at putting it in plain English so that people CAN understand it. You can find your Councillor's name and contact details on the Council's website. (And no, you don't have to have voted for them!)

I hope you can get some information and I'm happy to look at any legislation they give reference to.

PitterPatterRainDrops

Jude57 said:

PitterPatterRainDrops said:

lincroft1710 said:

Can you quote what you believe is the relevant legislation so others can read it, please?

That’s part of the problem… I can’t find it! There are so many different versions/ amendments/ guidance. 

I do however think I’ve just given myself a helping hand with appealing, just called the council tax department to ask what specific piece of legislation they are quoting and no one can tell me! The call handler was clearly going back and forth to the assessor who sent me the letter whose advice was then to ‘speak to the CAB about what legisislation it is’. 

So if the people who are assessing these claims don’t actually know what the legislation is what hope do we have! 

Time to involve your local Councillor. It's what they're elected for, to act as intermediaries between the people and the Council. I'm appalled that the staff you're speaking to at the Council can't answer such a simple question but hopefully your Councillor will be able to speak directly to a senior officer who WILL know what legislation/regulations/Council policy they're relying on. I certainly wouldn't have had any trouble doing so when I was in a similar role. Unfortunately, some Council staff don't seem to realise that the general public don't know the legislative framework for Council services and the same staff aren't very good at putting it in plain English so that people CAN understand it. You can find your Councillor's name and contact details on the Council's website. (And no, you don't have to have voted for them!)

I hope you can get some information and I'm happy to look at any legislation they give reference to.

Absolutely bonkers isn’t it! It just shocks me that the person who wrote the letter, claiming ‘legislation does now allow’ can’t even tell me the legislation! 

Already messaged my local councillor, it’s not his portfolio but he’s off to find out who can help me instead. 

Here’s hoping I can get my refund….