Council Tax Exemption: Family Illness
Comments
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Mr.Generous wrote: »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.
Trying to split residence like that to get a 25% discount is likely to draw attention from the council and in the majority of cases they would reject it on the basis that the 'sole or main residence' has not changed for council tax purposes. These situations are the sort that easily end up at a tribunal.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.0 -
I have been in further contact with the council and trying to have them back date my claim for SMI exemption further than 6 years.Having initially used the excuse stating case law says they don't back date further than 6 years , now they are using the excuse of the "limitation act " specifically
"S. 9 Limitation Act 1980 applies once a taxpayer/ratepayer has become entitled to a refund and limits the recoverability through the county court or High Court to six years from that date." To me it seems that whilst they accept your illness is sever enough to be granted exemption the council are prepared to take advantage of people with severe disabilities and cause them issues and to fight for something which should be a justified right even though they have validated they have a severe disability :mad:0 -
I have been in further contact with the council and trying to have them back date my claim for SMI exemption further than 6 years.Having initially used the excuse stating case law says they don't back date further than 6 years , now they are using the excuse of the "limitation act " specifically
"S. 9 Limitation Act 1980 applies once a taxpayer/ratepayer has become entitled to a refund and limits the recoverability through the county court or High Court to six years from that date." To me it seems that whilst they accept your illness is sever enough to be granted exemption the council are prepared to take advantage of people with severe disabilities and cause them issues and to fight for something which should be a justified right even though they have validated they have a severe disability :mad:
Bliddy Limitation Act - I've drafted three tribunal submission in the last 6 month on the same issue to argue it's applicability. In most cases the council's are relying on an old valuation tribunal case (Arca) which has since been superseded as the Tribunal President, who heard all of the cases involved in the issued, later clarified that the he wrongly interpreted the Limitation Act in Arca and he gave a revised interpretation.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.0
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