Transitional Protection and Council Tax

TawnyOwl63

When I migrated to Universal Credit the Council refused to include my TP in the Applicable Amount. This meant the TP was classed as spare income and I had to pay Council Tax even though my income hasn't changed. The TP is to protect my Severe Disability Premium I had on ESA. I disputed this with the Council and they said I would be prosecuted if I didnt pay so I had to. I have appealed to the Valuation Tribunal and my appeal was successful even though "out of time". I will be up against the Council’s Legal Team. Any advice would be much appreciated.

huckster

Why are you still having to go through tribunal process?

TP was all about DWP protecting existing benefit amount, because they migrated you to UC. You did not have a choice of remaining on ESA with premiums.

I think your best option is to ask Council to prove they have legal right to treat TP as income, rather than just take into account what you actually receive from UC, other income and any savings. Given that TP is just a legislative way to adjust for changes to the benefit system, ask the Council to prove they have legislation to back up their approach in regard to CT calculations.

KxMx

There have been successful challenges to this, with a few more going through the courts.

https://www.rightsnet.org.uk/now/post/69906

Whether this leads to widespread changes remains to be seen, because CTR is decided on at a local level.

HillStreetBlues

https://forums.moneysavingexpert.com/discussion/comment/82120619#Comment_82120619

I would agree.
OP need to request the council supply information how not disregarding TP complies with R (Bleakley) v Three Rivers AC-2025-LON-004451

TawnyOwl63

The Council stated they're not subject to UC Regulations. They refuse to budge on their decision. Because there is nothing wrong with their scheme it has to be a Valuation Tribunal. They're applying their Scheme incorrectly. But of course, they say they aren't and if Im in hardship then I must apply for Hardship funds. Ive been disputing it since May 2025 with them.

HillStreetBlues

https://forums.moneysavingexpert.com/discussion/comment/82120802#Comment_82120802

It's not about the UC Regs, it's a discrimination case.
In the above ruling that council was a judged to have discriminated based on disability.
You need to go down the same route for your appeal, that the council isn't complying with Equality Act 2010 and is discriminating against you by not disregarding your TP.

NedS

https://forums.moneysavingexpert.com/discussion/comment/82120835#Comment_82120835

…and cite the previous case law above.

Newcad

I would say that the Valuations Tribunal was entirely the wrong route to take.

i imagine it was prompted by a line about challenging their decision in a letter from the council. (If a property valuation appeal was successful then fair enough, but it is not your issue with the TP).

You are not contesting the property valuation for Council Tax at all - you are contesting their classification of TP as being "additional income".

A significant number of councils have been doing this and when challenged at a benefits tribunal have been judged to be unlawfully breaking benefits legislation.

TawnyOwl63

Thank you for your advice, it seems to be a postcode lottery. I did try the benefits route but the response was that Council's set their own rules regarding council tax reduction. I feel like the Disability Discrimination and Equality Act maybe my route as it's myself and others on the Severe Disability Transitional Protection that are being penalised. Your comments have been very helpful and the Three Rivers Case is exactly the precedent I need.