council tax issue and probate

[plasticpen]

I have an issueregarding council tax.
Here's the background.I was living with my father for the last 3 years of his life in factI became his carer up until he died in march of last year.
He left a willobviously his assets were frozen when this went to probate. Fatherwas paying the bills with some contribution from me up until hispassing away.
I took over thehousehold bills until probate was granted and I had the funds to moveout,the family house had equity taken out on it,I have settled theother bills gas electricity etc.
My question is am Iliable for the council tax,since the house wasn't owned by me andfathers assets had been frozen and all his estate was going throughprobate.My old council is pursuing me for the remainder

[plasticpen]

council tax issue and probate

I have an issueregarding council tax.
Here's the background.I was living with my father for the last 3 years of his life in factI became his carer up until he died in march of last year.
He left a willobviously his assets were frozen when this went to probate. Fatherwas paying the bills with some contribution from me up until hispassing away.
I took over thehousehold bills until probate was granted and I had the funds to moveout,the family house had equity taken out on it,I have settled theother bills gas electricity etc.
My question is am Iliable for the council tax,since the house wasn't owned by me andfathers assets had been frozen and all his estate was going throughprobate.My old council is pursuing me for the remainder

[charitynjw]

Re: council tax issue and probate

Hi plasticpen

What happened to the house, was it sold?
& if so, how long after probate?

[charitynjw]

Re: council tax issue and probate

Replied on your other thread.

[plasticpen]

Re: council tax issue and probate

Yes the house was sold.the sale was agreed before probate was granted then completed after it was finalised

thank you for your reply

[charitynjw]

Re: council tax issue and probate

Ok.

The CT that the 'old' council are chasing for......what period (in relation to the grant of probate) is being chased?
(ie, before, or after)

[plasticpen]

Re: council tax issue and probate

Hi there
Thank you.
The council are chasing the period before probate was granted

[enaid]

Re: council tax issue and probate

Hi would check on your LAs website re rules about this but as far as I am aware council tax is not payable up until probate and then for 6 months after probate has been granted. After that the executor becomes responsible for the council tax.
If you were your dads carer then as a carer you should be discounted for council tax and if only the 2 of you occupied the property you should have been discounted and your dad classed as a single occupant and get a discount. If he was suffering any kind of mental illnes ie Dementia then he should have been discounted too.
Hope this helps

[enaid]

Re: council tax issue and probate

Replied on your other thread.

Me too lol x

[plasticpen]

Re: council tax issue and probate

Thank you, you have been a great help,I will chase things up with the council

cheers

ian

[Kati]

Re: council tax issue and probate

Replied on your other thread.

Me too lol x

merged them xx

[lgfa92]

Re: council tax issue and probate

Did you remain resident in the property following your fathers death ? - if so then a Class F exemption cannot apply and you would be liable as the resident occupier (as per S6 of the LGFA92).

Craig

[enaid]

Re: council tax issue and probate

The above is coreect but as I said these rules apply too

Who doesn’t count as an adult?

These people are not counted as adults for Council Tax:

• children under 18
• people on some apprentice schemes
• 18 and 19-year-olds in full-time education
• full-time college and university students
• young people under 25 who get funding from the Skills Funding Agency or Young People’s Learning Agency
• student nurses
• foreign language assistants registered with the British Council
• people with a severe mental impairment
• live-in carers who look after someone who isn’t their partner, spouse, or child under 18
• diplomats

https://www.gov.uk/council-tax/who-has-to-pay

[lgfa92]

Re: council tax issue and probate

They potentially do until the father died, but both the Carers and the SMI disregard are subject to certain other criteria being met so may not be applicable. It primarily rests on whether the father was in receipt of a qualifying state benefits or not (and, for the SMI disregard, whether he was 'severely or mentally impaired' for council tax purposes, the relevant certification has to be made by a Dr).

Craig

[enaid]

Re: council tax issue and probate

All info on the above, really hope this sorts it for the op

Carers
To be ‘disregarded’ as a carer, you must meet all the following criteria:

• You must provide care for at least 35 hours a week.
• You must live in the same property as the person you care for.
• You must not be the spouse or partner of the person you care for, or their parent if you care for a child under 18.
• The person you care for must receive either the middle or higher rate of the care component of Disability Living Allowance (only the higher rate in Scotland), the daily living component of Personal Independence Payment at any rate (only the enhanced rate in Scotland), Attendance Allowance at any rate (only the higher rate in Scotland), Armed Forces Independence Payment or the highest rate of Constant Attendance Allowance.

You do not have to claim Carer’s Allowance to qualify for this discount, and your income and savings will not affect your eligibility. If there is more than one carer in the property, they can both be disregarded for council tax purposes as long as they all meet the conditions.
‘Severely mentally impaired’ people
To be disregarded on the grounds of being ‘severely mentally impaired’ the person will need to meet all of the following conditions:

• Have a certificate from a registered medical practitioner confirming this.
• Be in receipt of one of a number of specified benefits which include: Disability Living Allowance (middle or higher rate care component), the daily living component of Personal Independence Payment (either rate), Attendance Allowance (either rate), Constant Attendance Allowance, Severe Disablement Allowance, Incapacity Benefit and Income Support where a disability premium is included.