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Hi,
Sorry for the long post, but I'm trying to include as much information as possible.
I am in receipt of ESA (support group) and DLA (mobility and care components).
In July last year my son was fortunate enough to buy a flat and moved out.
As a result, my partner moved in with me in order to provide care and support.
The council were promptly informed, but didn't respond for a couple of months, at which point I was informed that I would be charged the "bedroom tax".
I was also informed that I would also be liable for some council tax, despite my partner also being disabled and solely in receipt of DLA.
In early November, I saw a benefits adviser, who recommended that I should make a benefit claim for my partner (as she had no savings and was living solely on DLA).
The DWP duly processed this after a few weeks, so no problem at all.
A revised council tax bill was received, stating that I owed nearly £200 due to my change in circumstances.
I obviously queried this with the council and submitted supporting documentation (partner's bank statements and benefit award letter).
In February, I received a court summons for the unpaid council tax, to which had been added £110 costs.
I immediately emailed the collection department...
Dear Sirs,
With regard to the above reference number, I am more than a little concerned that a summons has been issued in respect of non-payment of Council Tax.
For your information, I am waiting for a decision from LBC regarding my liability for Council Tax, given that both myself and my partner are both disabled and in receipt of Disability Living Allowance and Employment and Support Allowance.
Proof of entitlement was submitted on 26/01/2015 (for which I have an official LBC receipt), following a lengthy procedure to obtain reassessment and written confirmation of benefits from the DWP in respect of my partner .
Given the above circumstances, I hope you will reconsider the need to issue a summons (which obviously increases my level of financial hardship, owing to the £110 costs incurred, despite court action being uneccessary) on the basis that once a new assessment for liability is received, it will be paid immediately.
I fully appreciate that you are obliged to act in strict pursuance of the Council
Tax (Administration and Enforcement) Regulations, but given the above information, I hope you will demonstrate a degree of understanding in this matter.
Yours sincerely,
This is the reply I received...
Thank you for your email dated 5th February 2015 with reference to the above Council Tax account.
To enable the Financial Assessment Team to deal with the correspondence you submitted to them on the 26th January 2015, I have placed a temporary short hold on your Council Tax account.
Once the submitted correspondence has been dealt with, then your request for the Summons Costs incurred to be waived can be looked into further.
You are advised to contact the Customer Service Benefit line on.....to request an update regarding the matter.
Yours sincerely
Since then, my benefit adviser said it would take 6-8 weeks to sort it out, so it was pointless to contact the Customer Service Benefit Line at that point.
A few weeks later, I received this year's council tax bill, which confirmed that I was eligible for a full rebate for 2015/2016.
On Thursday, I received a letter from the DWP saying that £3.70/week was being deducted from my benefit for non-payment of 2014/2015 council tax. No communication at all from the council.
I have since checked my council tax account online and it is now £307,which includes £110 costs.
To reiterate, absolutely no communication from the council at all since the previously-quoted email.
Does the behaviour of the council seem reasonable?
Am I likely to have a liability order against me?
Any suggestions as to how to deal with this (I haven't approached the council yet as I would like to know where I stand legally)?
Any advice would be very gratefully received!
Many thanks in advance,
George.
Sorry for the long post, but I'm trying to include as much information as possible.
I am in receipt of ESA (support group) and DLA (mobility and care components).
In July last year my son was fortunate enough to buy a flat and moved out.
As a result, my partner moved in with me in order to provide care and support.
The council were promptly informed, but didn't respond for a couple of months, at which point I was informed that I would be charged the "bedroom tax".
I was also informed that I would also be liable for some council tax, despite my partner also being disabled and solely in receipt of DLA.
In early November, I saw a benefits adviser, who recommended that I should make a benefit claim for my partner (as she had no savings and was living solely on DLA).
The DWP duly processed this after a few weeks, so no problem at all.
A revised council tax bill was received, stating that I owed nearly £200 due to my change in circumstances.
I obviously queried this with the council and submitted supporting documentation (partner's bank statements and benefit award letter).
In February, I received a court summons for the unpaid council tax, to which had been added £110 costs.
I immediately emailed the collection department...
Dear Sirs,
With regard to the above reference number, I am more than a little concerned that a summons has been issued in respect of non-payment of Council Tax.
For your information, I am waiting for a decision from LBC regarding my liability for Council Tax, given that both myself and my partner are both disabled and in receipt of Disability Living Allowance and Employment and Support Allowance.
Proof of entitlement was submitted on 26/01/2015 (for which I have an official LBC receipt), following a lengthy procedure to obtain reassessment and written confirmation of benefits from the DWP in respect of my partner .
Given the above circumstances, I hope you will reconsider the need to issue a summons (which obviously increases my level of financial hardship, owing to the £110 costs incurred, despite court action being uneccessary) on the basis that once a new assessment for liability is received, it will be paid immediately.
I fully appreciate that you are obliged to act in strict pursuance of the Council
Tax (Administration and Enforcement) Regulations, but given the above information, I hope you will demonstrate a degree of understanding in this matter.
Yours sincerely,
This is the reply I received...
Thank you for your email dated 5th February 2015 with reference to the above Council Tax account.
To enable the Financial Assessment Team to deal with the correspondence you submitted to them on the 26th January 2015, I have placed a temporary short hold on your Council Tax account.
Once the submitted correspondence has been dealt with, then your request for the Summons Costs incurred to be waived can be looked into further.
You are advised to contact the Customer Service Benefit line on.....to request an update regarding the matter.
Yours sincerely
Since then, my benefit adviser said it would take 6-8 weeks to sort it out, so it was pointless to contact the Customer Service Benefit Line at that point.
A few weeks later, I received this year's council tax bill, which confirmed that I was eligible for a full rebate for 2015/2016.
On Thursday, I received a letter from the DWP saying that £3.70/week was being deducted from my benefit for non-payment of 2014/2015 council tax. No communication at all from the council.
I have since checked my council tax account online and it is now £307,which includes £110 costs.
To reiterate, absolutely no communication from the council at all since the previously-quoted email.
Does the behaviour of the council seem reasonable?
Am I likely to have a liability order against me?
Any suggestions as to how to deal with this (I haven't approached the council yet as I would like to know where I stand legally)?
Any advice would be very gratefully received!
Many thanks in advance,
George.
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