Council Tax - Single Person Discount
Buzby
Posts: 8,275 Forumite
My local council has decided to send out letters to anyone receiving the SPD asking them to provide additional details in order to validate that the discount is being correctly applied. Im told that if I do not, the discount will be removed.
Having paid The full CT for the last 30 years, it is all the more galling that following the death of my wife to MND, and becoming a single person (in both meanings) they are not prepared to take my word for it. Add to this it is outsourced to a CRA who who will check my information who will then advise the council of my likleyhood of actually lying to them.
I am aware of the power of CRAs mistakes to get things wrong and have done all I can to ensure wherever possible they have no information on me, so I see no reason why I should bother being forced to deal with them when I have no wish to.
To circumvent the possible travails of having the council unilaterally remove the discount due to a no-response, Ive been thinking a way would the issue is by way of a Statutory Declaration - has anyone tried this, and did it cut through the usual carp over you having no choice in the matter?
Having paid The full CT for the last 30 years, it is all the more galling that following the death of my wife to MND, and becoming a single person (in both meanings) they are not prepared to take my word for it. Add to this it is outsourced to a CRA who who will check my information who will then advise the council of my likleyhood of actually lying to them.
I am aware of the power of CRAs mistakes to get things wrong and have done all I can to ensure wherever possible they have no information on me, so I see no reason why I should bother being forced to deal with them when I have no wish to.
To circumvent the possible travails of having the council unilaterally remove the discount due to a no-response, Ive been thinking a way would the issue is by way of a Statutory Declaration - has anyone tried this, and did it cut through the usual carp over you having no choice in the matter?
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Comments
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Your problem will be that the CRA will have you as having a financial connection to your late wife. Without breaking that I am sure they will feel justified in removing your discount.
If you do break the connection & they agree to do it, you will then have to check that they actually have done it because they cannot be trusted & if you did it by phone yours will be the one call that hasn't been recorded.
My sympathies for your loss - but it seems like they do have to make it harder!0 -
My local council has decided to send out letters to anyone receiving the SPD asking them to provide additional details in order to validate that the discount is being correctly applied. Im told that if I do not, the discount will be removed.
Having paid The full CT for the last 30 years, it is all the more galling that following the death of my wife to MND, and becoming a single person (in both meanings) they are not prepared to take my word for it. Add to this it is outsourced to a CRA who who will check my information who will then advise the council of my likleyhood of actually lying to them.
I am aware of the power of CRAs mistakes to get things wrong and have done all I can to ensure wherever possible they have no information on me, so I see no reason why I should bother being forced to deal with them when I have no wish to.
To circumvent the possible travails of having the council unilaterally remove the discount due to a no-response, Ive been thinking a way would the issue is by way of a Statutory Declaration - has anyone tried this, and did it cut through the usual carp over you having no choice in the matter?
Ultimately the council will make their decision as to whether or not they believe there is an entitlement - a statutory declaration just makes a statement that you believe the details are correct but the decision over discounts in the council's hands. If the council decline to grant it, or try and restrict how far, you would need a valuation 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 -
This issue is in replying - they stipulate no reply results in being sanctioned (and the loss of the discount) which is their action whether it is justified or not. A StatDec provides a legally binding response and one that puts the onus on the Council as they’ve already been replied to. The fact I chose not to deal with thei Council CRA lackeys becomes less of an issue with the Valuation Tribunal as I have rejected the Council’s assertion (and not ignored it). Removal of the SPD could then be seen as punitive for not doing it their way.
At the end of they day, why should I have to do anything other than declare there’s only me and the dog at home, and have no interest in providing a roof over someone else’s head? The logic is perverse and bullying.0 -
This issue is in replying - they stipulate no reply results in being sanctioned (and the loss of the discount) which is their action whether it is justified or not. A StatDec provides a legally binding response and one that puts the onus on the Council as they’ve already been replied to. The fact I chose not to deal with thei Council CRA lackeys becomes less of an issue with the Valuation Tribunal as I have rejected the Council’s assertion (and not ignored it). Removal of the SPD could then be seen as punitive for not doing it their way.
At the end of they day, why should I have to do anything other than declare there’s only me and the dog at home, and have no interest in providing a roof over someone else’s head? The logic is perverse and bullying.
A statutory declaration is a legal declaration but only as far as stating that you believe the information is correct - it does not force the local authority to accept it or put any onus on them other than to assess entitlement against the information supplied to them.
The initial legal determination over whether a discount applies is down to the local authority, if they feel a discount does not apply then they can and will remove the discount. The local authority has to be satisfied it applies in order to allow it to be applied. If the council determine a discount does not apply, which they are entitled to do, then only a valuation tribunal can force them to re-award the discount.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 -
At the end of they day, why should I have to do anything other than declare there’s only me and the dog at home, and have no interest in providing a roof over someone else’s head? The logic is perverse and bullying.
Because they are in the driving seat and you are not. Councils are duty (if not legally) bound to ensure there is no CT fraud.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
So they have a duty? As do I, having paid them the full whack for 30 years, it’s ritch that having now lost my wife, they are unwilling to believe me - preferring to put trust in anyone other than the person affected!
I cannot believe that others have simply rolled over and taken it. I won’t be.0 -
Some people accept the decision of the council, some people fight it - that is a statutory right, in the same way that the council have the statutory right to withdraw a discount they feel does not apply. You may or may not win a tribunal case, the decision would rest with the tribunal if it gets that far.
Whether you have paid for 30 years or not has no relevance, all that is relevant is that for each day in question whether or not the discount applies (as determined, in the first instance, by the council).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 -
Rather than waste your time worrying about something that may never happen, why don't you just supply the information that the council has asked for and see if it works?0
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Can't you cut out the middleman and provide the COUNCIL will whatever proof they require, rather than doing it through the CRA? Post to the council offices, turn up in person, etc etc? Then they can't say you haven't "responded", they'll have a copy of your wife's death cert, and you can remove her from the electoral roll at the same time.
Sorry for your loss, by the way.0
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