removal of single occupancy discount

[the_sig]

Hi first post here and its a bit of a long one.

From the start

My partner who rents her own home had a visit from the council enquiring if anyone else lived there. She said no but told them that I come round about 3-4 nights a month (I'm in the army and live 300 miles away).


They have now decided to remove her single occupancy discount and housing benefit because apparently I live there !!! I make no contribution to finances, have no mail sent there, no personal possessions there. They are using the argument that Services Personnel will be regarded as mainly resident in accommodation provided privately rather than any service accommodation. Yes I agree that if I actually lived there then she wouldn't be entitled however I don't. I have stated that my service accommodation is my main home but apparently I must have a civilian address for my main home.

Can anyone shed any light on the legal side of the situation, as well as any prior experience.

Thanks

[wales01man]

Re: removal of single occupancy discount

The service you are in must be able to help with this yours cannot be the first case like this

[the_sig]

Re: removal of single occupancy discount

Yep, already spoken to the relevant people and they back me up 100% however they don't want to get involved at this stage.

[wales01man]

Re: removal of single occupancy discount

Thought you would have had all the support possible I am surprised at that

Someone on here should be able to offer some advice

[enquirer]

Re: removal of single occupancy discount

My partner who rents her own home had a visit from the council enquiring if anyone else lived there. She said no but told them that I come round about 3-4 nights a month (I'm in the army and live 300 miles away).

This is quite permissable.

They are using the argument that Services Personnel will be regarded as mainly resident in accommodation provided privately rather than any service accommodation.

Regarded, by whom?

Demand that they substantiate this by reference to the law. Require them to produce all internal documents related to this policy (they probably won't co-operate, so you could hit them with a Freedom of Information Act request to force them to do so. They won't like that at all).

Why did they visit your partner? Was there no preliminary correspondence? Was it as a result of an allegation? She could make a SAR (Subject Access Request) under the Data Protection Act, for disclosure of all documents relating to her.

Do not email or telephone. All correspondence in writing.

[the_sig]

Re: removal of single occupancy discount

Thanks for the info. They are stating that because I can't provide an alternate civilian address then my partners house must be my main residence. My understand from the statement that they are providing is that if I own my own civilian property then that will be my main residence, but if I own no civilian property then my service accommodation must be my main home.

[the_sig]

Re: removal of single occupancy discount

Just a quick update. Just spoken to them and they have decided that because I spend time at that address and cant provide an alternative address then I am regarded as living there.

[enquirer]

Re: removal of single occupancy discount

They are stating that because I can't provide an alternate civilian address then my partners house must be my main residence.

This is nonsense. But ... have either of you used the word 'partner' to them? If you have, then they have some grounds for their assumption.

Just spoken to them and they have decided that because I spend time at that address and cant provide an alternative address then I am regarded as living there.

Where is your mail - bank statements, bills, and so on - sent?

[the_sig]

Re: removal of single occupancy discount

Yes we have used the term partner to describe each other. However I have sent them all of my bank details, pay slips, phone contracts and car insurance with are all registered at my service accommodation

[des8]

Re: removal of single occupancy discount

Have you contacted the AFF?
I recall a few years back they were very active in getting the 50% second homes discount for forces personnel living in married quarters, but with a privately owned property. They may be able to advise.
However I also found this:
The Department of Communities and Local Government have given the following reponses to questions on council tax for deployed personnel:

All Regular and Reserve service personnel who own or rent a private property remain liable to pay council tax on their own property to the local authority whilst absent from that property, as this normally remains their sole or main residence. Council Tax concessions are a matter for local authorities, rather than the MOD, and they are responsible for the intrepretation of regulations concerning 'sole or main residence'. In reaching their decision they consider case law arising from earlier council tax appeals which takes various factors into account including the amount of time spent at a property, whether it is the family home and security of tenure.
The interpretation of 'sole or main residence' was developed in a number of high court judgements concerning the community charge. Factors a local authority will take into account may include, but are not necessarily limited to, the place of residence of immediate family, the security of tenure and the reason for the occupation of the dwelling, for example, whether occupation is solely in relation to a job. Temporary absence from a property of either a long or short duration does not necessarily constitute a change of sole or main residence and there is no requirement that someone has to have their sole or main residence in this country.

Decisions about where a person has their sole or main residence are a matter for individual local authorities to determine. However if a person disagrees with a local authority's decision, they have the right of appeal to a local Valuation Tribunal.
Council Tax is essentially a means of contributing towards the cost of providing a range of services throughout a local area rather than a charge for specific services used or enjoyed directly by individual households. The Department for Communities and Local Government (DCLG) do not think it would be practicable or fair to charge council tax just on the basis of the services individuals use directly.

For forces families living in their own homes in UK, whose spouses are serving married unaccompanied abroad, believing that they should be benefiting from the single persons discount ....herewith the following reponse from DCLG:
This is down to the local authority to determine the sole or main residence of the service personnel.

It really looks as if the only help you'll get with this is when you go on op tours when I believe you may get a tax free relief payment for your council tax.

[the_sig]

Re: removal of single occupancy discount

Hi thanks for replying. As I said before I do not own or rent my own private property. My partner rents her own property and the council has decided because I visit there on the odd occasion and cannot provide an alternative civilian address that I visit, my parters address is now my main residence. I make no financial contributions to the household and hold no personal property there. All of my correspondence are delivered to my service accommodation. We have already started the process towards a valuation tribunal. While looking for evidence to support our case we have discovered a clause in my partners contract that in a nutshell states that no other persons apart from those on the tenancy (my partner) can live in the property. Surely the valuation tribunal cannot uphold a decision that breaches the conditions of a signed contract. Am I right ??

[des8]

Re: removal of single occupancy discount

I think your problem here is that you have described your relationship as a partnership, and regardless of whether you contribute or not you are now regarded much as a married /civil partnership couple and this is your main address.
The tribunal would decide on the facts. If they decide you live there it would mean your partner is breaking the terms of her contract and that might mean eviction?

I did read of a serviceman who took a similar complaint through the courts...... and lost.
I'm on my way out, but will look for it later.

[des8]

Re: removal of single occupancy discount

Here's the bit I referred to in above post:
Ahhh Welcome to my world

I went on Telic 4 and have had these arguments for 2 years with York council
I left an empty house,cut the water off at the mains shut everything down
Tried to argue for a council tax let off to no avail
Heard every excuse in the book off them
If you left furniture there it is livable
You can come back to it any time you want
We still had to provide refuse collections and police
Are you saying you emptied my bins from an empty house?
Can you ring the police and ask them how many times they were called to my house
Errr Why
I want to know if they arrested your bin men for breaking in to my shed where I placed the unused empty bin
In the end I got told it was because the office of John Prescott had issued there was to be no discounts for soldiers on ops
In fairness to the lady she had every sympathy but couldn't do anything
By the way don't let pride get in the way I went all the way to court and they arrested my wages and lifted £350 a month until they got there cash

That was back in 2007 and I'm afraid that everywhere you look you get the same response.
Of course, if you get sent to prison you qualify for the rebate, but I don't know if that exemption applies to the glasshouse so I wouldn't suggest striking a superior officer

[the_sig]

Re: removal of single occupancy discount

But he was liable for council tax while he was away on telic. My argument is that I am not liable for council tax in the first place. The case law that they are using states that someone's main residence is there "usual and settled" place of adobe. How can my partners home be my main residence when I have no correspondence there, no personal property there. Plus the contract that my partner states that no one else can live in the property. The landlord was told by my partner that I would be visiting on occasion and she is fine with this and confirmed that she does not consider me as living there and only a visitor.

[MissFM]

Re: removal of single occupancy discount

It's become really hard to find a word for someone with whom you are romantically involved but to whom you are not married, nor living together, these days - "partner" being a case in point.

In your shoes I would write a very strong letter laying out the situation - and it's really neither the council's remit nor business to penalise people financially for being committed to each other.

Why not call her your "girlfriend" or somesuch? I know it sticks in the craw but they obviously can't cope with "partner" without assuming that you share a household.