Council Tax - Full-Student Discount Question

[burialracket]

Dear forum users,

I have a situation and would be very grateful for someone to reply that has a reasonable knowledge of council tax discount scenarios!

I have only recently become aware that full-time students are not classed as a resident of a property for council tax purposes. I have been living with my wife at the same property for the last 3 years. My wife has been a full-time student for a lot of that period. She has been working part-time during that period, and I myself am self-employed.

Am I right in concluding that I would be eligible for the 25% single person's discount as she is a full-time student, regardless of us working/being married, or am I missing something?

I put the same question to my local council via e-mail and I have just received their very brief reply, which was to the effect of "No, I wouldn't qualify." But this seems to contradict things I have read online about it.

I just wanted to gather some outside opinions on the matter, and would be most appreciative towards anyone who could advise me on this.

Thank you for your time,


Best

[Mr Bungles]

Re: Council Tax - Full-Student Discount Question

Hi,

I am pretty sure that if you are a student and you live with someone who isn't, you have to pay council tax. This is only because I remember talking about this issue in the past. However if there are only two of you, do you get single occupancy discount? I'm not sure. I would just be clear with them when asking. Sorry if this isn't much use but it may help get the ball rolling for you.

[Kati]

Re: Council Tax - Full-Student Discount Question

[MENTION=92682]lgfa92[/MENTION] ... any ideas??

[Amethyst]

Re: Council Tax - Full-Student Discount Question

It will depend what kind of course she is studying ( degree level ? hours and number of weeks study per year), what establishment she studies at, her age ( over or under 20 (if studying under degree level ) as to whether she is actually classed as a full time student.

To count as a full-time student, your course must:
last at least 1 year
involve at least 21 hours study per week

If she is a full-time student at degree level ( over 20 ) at a prescribed educational establishment then she wouldn't count as an adult for CT purposes and you could claim the 25% discount as a single occupant.

Not sure how much detail of her studency you gave the council when you asked the question, presumably enough for them to think they could give you a definitive answer ?

Ref http://www.legislation.gov.uk/uksi/1.../contents/made

[burialracket]

Re: Council Tax - Full-Student Discount Question

Hi all, thank you for your replies!

Hey Amethyst. I basically said to them that she does meet all of the eligibility criteria to be classed as a full-time student. The reply was to the effect of "In order to see what your wife would be eligible for we would need a certificate of education..." and then went on to say, "You would not qualify for the single occupancy discount as this can only be applied for customers who live alone." So it seemed a bit contradictory to me.

My e-mail to them wasn't (at this stage at least) to ask them to give me a 25% single person's discount - I was just asking them whether her part-time work would have any affect in her being classed as a full-time student for CT purposes, and then in the case that she is classed as one, for them to confirm that my understanding was correct in that I would be entitled to a 25% single person's discount as she would be disregarded for CT purposes.

I feel as though maybe the advisor possibly didn't understand that FT students are disregarded? Or maybe I'm missing something..

[lgfa92]

Re: Council Tax - Full-Student Discount Question

Hey Amethyst. I basically said to them that she does meet all of the eligibility criteria to be classed as a full-time student. The reply was to the effect of "In order to see what your wife would be eligible for we would need a certificate of education..." and then went on to say, "You would not qualify for the single occupancy discount as this can only be applied for customers who live alone." So it seemed a bit contradictory to me.

They've worded it that way as it's a different route under council tax legislation of obtaining a discount. The same outcome can be reached with a 25% discount but the criteria is different - if you understand council tax legislation then you'd know what they mean but most people don't need to have that level of understanding of it so it can confuse.

I put the same question to my local council via e-mail and I have just received their very brief reply, which was to the effect of "No, I wouldn't qualify." But this seems to contradict things I have read online about it.

It sounds like the discussion went down the route of a single person discount - they are correct, you wouldn't qualify for the single person discount (as it's colloquially known). A discount via your wife being a student is a different process.

I have only recently become aware that full-time students are not classed as a resident of a property for council tax purposes.

This may also be confusing the issue in translation - she is still regarded as resident, the difference is that she could be disregarded i.e. not counted when calculating the charge. A subtle difference but an important one for council tax legislation purposes.

I was just asking them whether her part-time work would have any affect in her being classed as a full-time student for CT purposes,

Work makes no difference at all - unless it was part of the course, and then it might.

[burialracket]

Re: Council Tax - Full-Student Discount Question

Dear lgfa92, thank you very much for your detailed reply!

That really helps, I did have a feeling it was a legality thing causing me to misunderstand/put the question to them the wrong way.

I just wanted to get some outside advice on the matter, so thanks a lot for your insight! I think I'll send over what they've asked for and see what happens.

Cheers!