Council tax overpayment from 14 years ago

soleserenity
soleserenity Posts: 17 Forumite
First Post First Anniversary Combo Breaker
in Reclaim mortgage fees, council tax, etc
I came home from work yesterday to a demand from the council for an overpayment of benefit (council tax) from 2005 - 14 years ago. I was a single parent back then and in full time college so I would of been claiming benefit. From what I can gather the council have their own rules regarding the limitations act. I haven't moved out of the area so why on earth has it taken 14 years for them to come after me for a mistake they made back then! Do I have any rights at all concerning this debt?

Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Name Dropper First Post First Anniversary
    So, you've received a new council tax demand notice showing the amount ?


    There's two real issues at play here - one is the adjustment they have made to the council tax benefit and the other is the one that they had made to the council tax itself.


    The council tax benefit side needs checked to see why the issue has just come to light now and see what has actually happened with that.


    In respect of the council tax side then removal of council tax benefit simply leaves an equivalent amount of council tax due and that amount then becomes due under council tax rules. It is only once it has become due that the limitation within council tax legislation of 6 years (to obtain a liability order) becomes due. There may be arguments that could be raised at the point of a liability order being applied for (if it gets to that stage) but it can be a hard one to argue at that point.
    and in full time college so I would of been claiming benefit
    Students wouldn't typically be eligible for council tax benefit so it shouldn't be for a period where you were a student. If you were the only adult resident then there should have been an exemption applied whilst you were a full time student.


    I've got to say though it's very rare that I see any cases these days that involves council tax benefit adjustments. You may or may not have an argument, it would need the details properly looked in to as you seem to have multiple issues at play here.
    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.
  • soleserenity
    soleserenity Posts: 17 Forumite
    First Post First Anniversary Combo Breaker
    Thank you, I was in college full time and had two children at home and a single parent, so would of been on child tax credits as well I expect (can't really remember what I was getting back then) - I'm just flummoxed that they have sent me a demand giving me until 31st of this month to pay for something from 14 years ago - the demand is dated 16th August 2019 and it just says 'benefit', the dates in 2005 and the amount due.
  • CIS
    CIS Posts: 12,260 Forumite
    Name Dropper First Post First Anniversary
    and had two children at home
    How old in 2005 ?
    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.
  • soleserenity
    soleserenity Posts: 17 Forumite
    First Post First Anniversary Combo Breaker
    They were 9 and 7.
  • CIS
    CIS Posts: 12,260 Forumite
    Name Dropper First Post First Anniversary
    soleserenity wrote: »
    They were 9 and 7.


    If you were a case I was dealing with the first thing I'd do would be to write to them asking how the overpayment occurred, stating that you were the sole adult occupier and that you were a full time student* (and if need be outlining the specific details).


    * the council would need course details to determine if it was a qualifying course. What was the course ?
    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.
  • soleserenity
    soleserenity Posts: 17 Forumite
    First Post First Anniversary Combo Breaker
    Diploma in Holistic Therapy, I'm trying to think back to the dates, I possibly finished my course in July of that year and then I would of gone on either income support or jobseekers until I started my business and then I was on working tax and child tax - I will contact them and ask for a breakdown of when exactly the debt occurred and why.
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