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Hi Everyone
I’ve recently received a letter from the local council inviting me to an interview. Basically I’m going along very soon to an interview under caution at the council offices as they have alleged I have failed to declare capital so far as reduction in council tax for a number of years - 9 in fact. You have to tell them of a change of circumstances if capital increases or decreases. If you have over £16k I think it means you are no longer entitled to a reduction.
They are making allegations under The council Tax reduction schemes(detection of fraud and enforcement) England regulations 2013.
I’ve not earnt much money over the last ten years and Ive been mentally unwell with ptsd and have been entitled to reductions. Plus I have received money from the nhs in a civil claim but I don’t get care from them because they agreed the relationship broke down, so a large part of the capital I have is from the nhs and is needed for future private treatment I pay for. I cannot understand why and how they say I have not declared a change of circumstances as regards capital because it has been agreed that every six months they will review my situation and they ask me for bank information. This usually involves them asking for 3 months prior bank statements. I have always given them what they want.
I feel that if my concern is true, this is not my problem because I’ve always given them what they want and the fact there may be times where they have under-estimated council tax support or over estimated it and particularly because they calculate everything based on what they ask me. Also they know it’s up to them to work out what is due or not in any given 6 month period and if they don’t review it properly and ensure the payments are based on a representation of the average figures of all bank statements or higher amounts of housing benefit, which I also get, when my earnings go drastically low, how can it be my issue. One year I reckoned they owed me £1500 as the assessment was twice a year and my earnings went drastically lower but I don’t query it because the admin is such a hassle.. They won’t come to you and say we owe you money. What they should do is ask for all bank statements and tie into your accounts or ask your account providers when you go above the £16k. I can’t be expected to micro manage every single week or day where I may go over the £16k for the very reason it necessitates a new calculation and it’s incredibly difficult to then keep track of these. So the twice a year idea is such they should seek all the information when they need it and make sure calcs are very accurate.
There are rules that if they make the mistake then you don’t have to return the monies but my concern is they will rely on the duty to report change of circumstances. If my concerns turn out to be true, the failure here is their failure to seek all bank statements in the times I have gone over and it’s a wretch to then be asked to pay back, potentially, a large sum of money over a number of years.
I feel the whole process is adversarial. They won’t tell me exactly what information they have before they interview me so I can prepare and it feels like entrapment. The fact they could ask me anything in the last 9 years makes it impossible to prepare for and they may draw adverse inferences from me declining questions. It also feels like a fishing expedition because I certainly did not have capital over £16k for the vast majority of the time. There was a repayment to them a few years back for excess capital but that was dealt with.
I’d pay someone for some advice probably or if anyone knows if I can get help through legal aid but I’d welcome and thoughts and suggestions. At the moment this is making me suicidal.
thanks for any help.
I’ve recently received a letter from the local council inviting me to an interview. Basically I’m going along very soon to an interview under caution at the council offices as they have alleged I have failed to declare capital so far as reduction in council tax for a number of years - 9 in fact. You have to tell them of a change of circumstances if capital increases or decreases. If you have over £16k I think it means you are no longer entitled to a reduction.
They are making allegations under The council Tax reduction schemes(detection of fraud and enforcement) England regulations 2013.
I’ve not earnt much money over the last ten years and Ive been mentally unwell with ptsd and have been entitled to reductions. Plus I have received money from the nhs in a civil claim but I don’t get care from them because they agreed the relationship broke down, so a large part of the capital I have is from the nhs and is needed for future private treatment I pay for. I cannot understand why and how they say I have not declared a change of circumstances as regards capital because it has been agreed that every six months they will review my situation and they ask me for bank information. This usually involves them asking for 3 months prior bank statements. I have always given them what they want.
I feel that if my concern is true, this is not my problem because I’ve always given them what they want and the fact there may be times where they have under-estimated council tax support or over estimated it and particularly because they calculate everything based on what they ask me. Also they know it’s up to them to work out what is due or not in any given 6 month period and if they don’t review it properly and ensure the payments are based on a representation of the average figures of all bank statements or higher amounts of housing benefit, which I also get, when my earnings go drastically low, how can it be my issue. One year I reckoned they owed me £1500 as the assessment was twice a year and my earnings went drastically lower but I don’t query it because the admin is such a hassle.. They won’t come to you and say we owe you money. What they should do is ask for all bank statements and tie into your accounts or ask your account providers when you go above the £16k. I can’t be expected to micro manage every single week or day where I may go over the £16k for the very reason it necessitates a new calculation and it’s incredibly difficult to then keep track of these. So the twice a year idea is such they should seek all the information when they need it and make sure calcs are very accurate.
There are rules that if they make the mistake then you don’t have to return the monies but my concern is they will rely on the duty to report change of circumstances. If my concerns turn out to be true, the failure here is their failure to seek all bank statements in the times I have gone over and it’s a wretch to then be asked to pay back, potentially, a large sum of money over a number of years.
I feel the whole process is adversarial. They won’t tell me exactly what information they have before they interview me so I can prepare and it feels like entrapment. The fact they could ask me anything in the last 9 years makes it impossible to prepare for and they may draw adverse inferences from me declining questions. It also feels like a fishing expedition because I certainly did not have capital over £16k for the vast majority of the time. There was a repayment to them a few years back for excess capital but that was dealt with.
I’d pay someone for some advice probably or if anyone knows if I can get help through legal aid but I’d welcome and thoughts and suggestions. At the moment this is making me suicidal.
thanks for any help.
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