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Council Tax Summons

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  • Council Tax Summons

    Hi Everyone,

    I'm so pleased I found this service. I hope you can help me. I'm a 60 year old disabled woman, unable to work since November 2010, following severe after effects of chemotherapy and radiotherapy. I get Disability Living Allowance at the higher rate for mobility and the lower rate allowance for care (I was too ill to appeal this element in time).

    I receive Employment and Support Allowance which includes the extra support element because of the severity of my illness and disability. I also receive Housing Benefit and Council Tax benefit. Despite my ill-health, I decided that the least I could do was to organise paying the household bills. It is usually a very straightforward task. However, I never claimed social welfare benefits before I became disabled. Now, a simple task of paying household bills on a tiny income is very difficult.

    My civil partner was self-employed and kept her business ticking over in case I recovered enough for her to return to work. However, my needs are increasing, not reducing. The business became a liability, with a loss of -£569.20 between October 2011 and June 2012. My partner retired in June 2012. Now she receives a state pension. We have no other income. To assess the amount of Housing and Council Tax Benefits due to us, the Council required my partner to complete Profit and Loss forms and, when added up, they show the loss of -£569.20.

    We receive Housing Benefit of £273.20 each month, apart from one month when we received almost nothing. This was on the basis of a major miscalculation based on wrongly projected income. I challenged the decision and the Housing Benefit was restored. Now we have each received a Council Tax summons for £255.61, plus £50 costs. The case is due to be heard on 23 March 2013. I would very much appreciate your advice on our liability. I believe we have none. The basic facts are shown below:

    18 March 2012: We received a Council Tax bill that said there was zero Council Tax to pay. We were eligible to receive the full Council Tax credit of £1,421.23.
    2 July 2012: We received a Council Tax bill that said there was zero Council Tax to pay. We were eligible to receive the full Council Tax credit of £1,421.23.
    9 October 2012: We received a bill for £401.85, payable in five instalments of £80 per month.
    12 November 2012: We received a bill for £255.61, payable in four instalments of £64.00 per month. This bill was not paid. Now, we are individually summoned to court for non-payment of Council Tax.

    Question 1: Having submitted Profit and Loss accounts that show a loss of -£569.20, how can we be liable for Council Tax?
    Question 2: Are we each liable to pay costs of £50, totalling £100 in costs for the separate summonses?
    Question 3: Is it usual for a husband and wife to receive a separate summons, where each one is summoned to the Magistrate’s Court to pay as individuals, as we have been as civil partners?

    Can anyone advise me please? I would be very grateful.
    Tags: None

  • #2
    Re: Council Tax Summons

    Are you sure the date of the Hearing is correct as my calendar shows that to be a Saturday?

    The reason you are both summonsed is because Council Tax is held to be jointly & severally liable and means if it comes to it they can ask either of you to pay. As for how much you owe you will have to go back & argue that with the Council asking for how they calculated it, don't forget they may also take into account any other income you have including Benefits - DLA should be excluded.

    For the Hearing the only decision the Magistrates are allowed to consider is if you are liable or not a simple yes or no answer. The reasons for not being liable are very narrow. Even if awaiting a decision on whether you have been granted CTB you are still supposed to pay and if you end up paying over the top then the surplus is credited to the following year unless you ask for a refund.

    Comment


    • #3
      Re: Council Tax Summons

      Dear ploddertom, Thank you for your helpful reply. I have challenged the Council on their calculations. They have withdrawn the summons but the amount remains. I have asked for copies of all the profit and loss returns sent to them by my partner so that I know we have the complete record. Since we were receiving full benefit until September 2012, I can't see why this changed, especially when the returns were showing a loss, not a profit. The team leader is calling me to discuss the case and I hope to get it resolved in our favour very soon.

      Thank you again for your view and to Leagle Beagle for giving me the confidence to pursue this matter properly.

      Comment

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