Council tax dole occupancy discount

RedFedUp

Hi, my daughter spent the last 10 years working abroad in performing art on various contracts. I claimed sole occupancy discount on my council tax during this time. I’ve been approached by the council and told that the discount was not valid and must repay the amount for the last 10 years, can they do this?

RunsFromRobots

It sounds like your council are trying it on. What evidence do they have you were not a sole occupant?

marcia_

RedFedUp said:

Hi, my daughter spent the last 10 years working abroad in performing art on various contracts. I claimed sole occupancy discount on my council tax during this time. I’ve been approached by the council and told that the discount was not valid and must repay the amount for the last 10 years, can they do this?

 Quite possibly, if the daughter is backward and forwards then they will class your home as her main residence unless she can prove she has a main residence elsewhere. Providing evidence such as council tax payments, tenancy agreements etc 

Silvertabby

Single occupancy council tax doesn't apply when one half of a couple is working overseas, so sounds like 'main residency' rules also apply to children.  

marcia_

RunsFromRobots said:

It sounds like your council are trying it on. What evidence do they have you were not a sole occupant?

 They really aren't. A house can be named as your main residence without you living there100% of the time. 

HillStreetBlues

More info is required.
It is different to being a part of a couple as you have "security of tenure" of the property in GB, but a child doesn't have that (unless on tenancy).

fatbelly

Single occupancy discount applies where only one adult is resident. It is that simple. Don't let anyone complicate it.

Obviously if there is a question about a second adult they would like to know where the second adult WAS paying council tax and they may not like the answer 'she was abroad'.

They may have evidence e.g. from credit reference agencies that she was using the address. However that does not equal 'resident'

You should complain in writing, and ask for a final response in writing. Sometimes your local councillor will be helpful in disputes. Ultimately you have the right to refer to the Valuation Tribunal, which will create a lot of work for the council

https://valuationtribunal.gov.uk/council-tax-appeals-billing-authority/

elsien

How much was she at home in between contracts?

RedFedUp

Only ever for brief visits., a week or two

oldtrout

fatbelly said:

Single occupancy discount applies where only one adult is resident. It is that simple. Don't let anyone complicate it.

Obviously if there is a question about a second adult they would like to know where the second adult WAS paying council tax and they may not like the answer 'she was abroad'.

They may have evidence e.g. from credit reference agencies that she was using the address. However that does not equal 'resident'

You should complain in writing, and ask for a final response in writing. Sometimes your local councillor will be helpful in disputes. Ultimately you have the right to refer to the Valuation Tribunal, which will create a lot of work for the council

https://valuationtribunal.gov.uk/council-tax-appeals-billing-authority/

Great advice! Your daughter may have used your address in the UK for convenience, but she was not resident. Just another Council wasting time and money chasing you up

Muttleythefrog

Hmmm. Wonder what evidence they're using to claim she is resident - have they presented any? If all she has been doing is infrequent visits/holidays with you there can't be much... I presume she hasn't used NHS hospital (free) for example in that time (which would imply habitual residence here) and has no active bank accounts etc with UK address (which would imply she regards herself living here).

Challenge it.