Council Tax Exemption: Family Illness

Options
Adamc
Adamc Posts: 440 Forumite
First Anniversary Name Dropper First Post
in Reclaim mortgage fees, council tax, etc
Hi all

I bought my first house 2 months ago but have been unable to move in due to my dad's illness: he was hospitalised with sepsis for a month so I have stayed at his house as I've had no time to furnish or sort anything for the new house and it currently lies empty.

After month he came home but was still very unstable. I had to help with his drains (liver abscess originating in bowel was the source of sepsis!) and to prepare food etc.

Anyway - It's been 2 months and he's much more independent now. I hope to move into my house by the end of the month. I just wondered where I stand on getting a council tax discount? I have yet to start paying despite applying and making inquiries. I may have gone wrong by applying for an uninhabited discount where I stated both family illness and unfurnished state of house are the reasons for applying. Can anyone offer me any advice.
«1

Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Name Dropper First Post First Anniversary
    Options
    Council Tax discounts and exemptions are case of meeting statutory definitions, illness is not a factor for consideration in this case.


    A discount on the basis of the property being unoccupied and substantially unfurnished was the correct one to apply for but they are time limited in duration and do not always give any actual level of discount (i.e. they can be set a at a 0% discount). Only the council can tell you what discount would apply based on the circumstances of the property.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Adamc
    Adamc Posts: 440 Forumite
    First Anniversary Name Dropper First Post
    Options
    CIS wrote: »
    Council Tax discounts and exemptions are case of meeting statutory definitions, illness is not a factor for consideration in this case.


    A discount on the basis of the property being unoccupied and substantially unfurnished was the correct one to apply for but they are time limited in duration and do not always give any actual level of discount (i.e. they can be set a at a 0% discount). Only the council can tell you what discount would apply based on the circumstances of the property.


    I read the following and thought the provision of care was taken into consideration?

    Home>Residents>Council tax>Council Tax Discounts and exemptions>Empty property discount

    If you have had to leave your property due to illness, or to provide care

    Residents that have moved to nursing or residential homes or long stay hospital wards may be exempt from paying Council Tax. This may also apply if you have moved away to receive care due to old age, disablement or illness, or to provide care for someone else.


    .https://www.staffsmoorlands.gov.uk/emptyproperty
  • lincroft1710
    lincroft1710 Posts: 17,643 Forumite
    Photogenic Name Dropper First Anniversary First Post
    Options
    As you never moved in, you cannot "move away". Those exemptions are for people who have moved out of their home leaving it empty and are usually not expected to return or to be absent for a considerable period of time.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • CIS
    CIS Posts: 12,260 Forumite
    Name Dropper First Post First Anniversary
    Options
    As Lincroft has mentioned the exemptions require a person to have been resident before they can vacate the property for the purposes of claiming them.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • andycov30
    andycov30 Posts: 15 Forumite
    First Anniversary Name Dropper First Post
    Options
    I have successfully received SMI exemption for my council tax and it was back dated to 2011 however they were deducting money from relevant benefits
    since 2009 and my diagnosis was the same then and previous to that .When I pointed this out to the council they replied saying 6 years was the limit of when they could back to per "case law" I have asked for the relevant case law but had no response.
  • andycov30
    andycov30 Posts: 15 Forumite
    First Anniversary Name Dropper First Post
    Options
    I have successfully received SMI exemption for my council tax and it was back dated to 2011 however they were deducting money from relevant benefits
    since 2009 and my diagnosis was the same then and previous to that .When I pointed this out to the council they replied saying 6 years was the limit of when they could back to per "case law" I have asked for the relevant case law but had no response.
  • CIS
    CIS Posts: 12,260 Forumite
    Name Dropper First Post First Anniversary
    Options
    andycov30 wrote: »
    I have successfully received SMI exemption for my council tax and it was back dated to 2011 however they were deducting money from relevant benefits
    since 2009 and my diagnosis was the same then and previous to that .When I pointed this out to the council they replied saying 6 years was the limit of when they could back to per "case law" I have asked for the relevant case law but had no response.


    It is a perennial argument - most of the cases I deal with which head towards the tribunal are due to the council trying to restrict SMI backdating to 6 years. The 'case law' they quote is usually a wrongful application of Arca and they neglect to consider the various later cases which have been heard since Arca and have clarified the situation (Arca related only to a specific situation and not the general one that councils tend to try and apply it to)
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Adamc
    Adamc Posts: 440 Forumite
    First Anniversary Name Dropper First Post
    Options
    lincroft1710 wrote: »
    As you never moved in, you cannot "move away". Those exemptions are for people who have moved out of their home leaving it empty and are usually not expected to return or to be absent for a considerable period of time.

    I see - but is it not taken into consideration that a loved one could fall ill before someone actually gets to move into a property they have newly acquired?

    It's the same situation: illness. It imposes the same demands on the care giver. It just seems like an backwards version of the "brand new customers only" caveat.

    Anyhow - I have no choice but to apply on the basis described earlier.
  • Mr.Generous
    Mr.Generous Posts: 3,377 Forumite
    Name Dropper First Anniversary Combo Breaker First Post
    Options
    Any other adults in the house with Dad? If not check the council tax bandings / bills before you decide which way to go.


    For example if my home was band E council tax and I was renovating a band A house that was unoccupied, and I moved into the band A property I would then get a single occupant discount of 25% on the band A, leaving me a bill of about £75 a month. However as my wife would now be alone in the band E house and get a 25% discount of about £50 per month, so not as bad as you think when you have to pay on another property - depending on circumstances obviously.
  • CIS
    CIS Posts: 12,260 Forumite
    Name Dropper First Post First Anniversary
    Options
    Adamc wrote: »
    I see - but is it not taken into consideration that a loved one could fall ill before someone actually gets to move into a property they have newly acquired?

    It's the same situation: illness. It imposes the same demands on the care giver. It just seems like an backwards version of the "brand new customers only" caveat.

    Anyhow - I have no choice but to apply on the basis described earlier.



    Legislation is quite clear on the eligibility criteria (as a point - the Class J exemption specifically states that the property must have be "an unoccupied dwelling which was previously the sole or main residence" (my emphasis etc). It takes no account of the circumstance you have mentioned.



    The council have no ability to override legislation as it's not a delegated power.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards