Moving abroad - council tax discount

[Steff]

Situation is I am lucky to have got a 2 year contract to work in Dubai. I will have a flat over there and pay my bills on that. 22 year old daughter will stay in UK home which is in my name (still under a mortgage). I applied for a single person discount as she will be the only adult living at home, this has taken them 3 weeks to refuse. I need to appeal now but am out of the country in a few days time. Need to know what are my grounds for appeal. It seems unfair that as there is only one person LIVING at home that single occupancy will not be granted, yet if i go to Prison she gets the discount! Go figure. Any help or advice greatly received. Local council is Medway and I cannot find their rules on their website.

[Kati]

Re: Moving abroad - council tax discount

tagging @Crazy council [MENTION=62334]Snoopy1948[/MENTION]

[enaid]

Re: Moving abroad - council tax discount

Council tax reductions for single adult occupiers

You can receive a 25% discount from your household council tax bill if there is only one adult occupier 18 years of age or more.
If someone is working away from home or on holiday, it will not usually count as a change of residency and a discount cannot normally be applied if just one person remains in the household in such circumstances.
Complete a discount form for single occupiers.
To advise us about a member of your household moving out, email us at ctax@medway.gov.uk giving their name, date of moving and their forwarding address.
http://www.medway.gov.uk/counciltax/...occupiers.aspx

Just having a read of the rules seems as though you need to email them you are moving out with proof of your forwarding address and then do the 1 person application.

[Crazy council]

Re: Moving abroad - council tax discount

They may have a problem if your still the named bill payer, but someone else needs to claim the discount.

Can your daughter claim the 25% discount.

[Steff]

Re: Moving abroad - council tax discount

I applied for the single person discount and they have refused saying it is my main residence, which I am disputing, my main residence is in Dubai and it is not like I can just pop back home. I should have just said I was moving away settled up my final bill and then got my daughter to apply to pay council tax on her own.

[Steff]

Re: Moving abroad - council tax discount

I don't suppose I can get a discount being on no UK income? Just a thought.

[Snoopy1948]

Re: Moving abroad - council tax discount

The simplest and correct way to deal with this is to close your council tax account in your name from the date that you left to go abroad. Then request a new council tax account in your daughter's sole name from that date with a single person discount to be applied. That is correct and legal. It doesn't matter who owns the property, it is the occupant who is liable for the local tax when the owner is away for an extended period.

[Steff]

Re: Moving abroad - council tax discount

Thanks Snoopy, when I called up to question the councils decision not to award single person discount, I did say that perhaps I had gone about it the wrong way and I should've closed my account, but they said that it would not matter as the house is in my name. The way I see it I have two options, go down the route Snoopy suggests although I think the council may refuse this as they know I have tried the other way or I appeal and I have found a previous case R9Williams) v Horsham DC [2004] Ewin Civ 39 which ruled that residence for council tax purposes is determined by where a person actually lives and as I don't live in the UK then single person discount should apply.
Which route do people think would be more effective?

[Snoopy1948]

Re: Moving abroad - council tax discount

Thanks Snoopy, when I called up to question the councils decision not to award single person discount, I did say that perhaps I had gone about it the wrong way and I should've closed my account, but they said that it would not matter as the house is in my name. The way I see it I have two options, go down the route Snoopy suggests although I think the council may refuse this as they know I have tried the other way or I appeal and I have found a previous case R9Williams) v Horsham DC [2004] Ewin Civ 39 which ruled that residence for council tax purposes is determined by where a person actually lives and as I don't live in the UK then single person discount should apply.
Which route do people think would be more effective?

To be honest it does not matter what the council has been told before, the fact remains that from the date you left to go abroad, your daughter became the resident for council tax purposes. As I said before, the resident/occupier becomes the liable party, even if they were squatting ( though try charging them! ) . I worked as a local authority enforcement officer for 23 years and I would have had no hesitation to close your account down and set a new one is in your daughters name. The question is can your daughter fund a 75% charge on her own or would you have to help her fund it from your 0% UK income?

[Snoopy1948]

Re: Moving abroad - council tax discount

I have just checked some council tax law and for temporary absence of 13 or 52 weeks, consideration can be given to award the single person discount that I am assuming is currently being enjoyed. As you absence is for two years, I have seen specific reference to setting up the account in the remaining party's name ( in this case your adult daughter ) and claiming the discount in her own name, assuming she remains the sole adult ( I.e. Over 18 ) occupier. I am amazed that whoever you spoke to in the council could not see that through to conclusion. Sometimes I fear for the type of people that councils employ.

[Steff]

Re: Moving abroad - council tax discount

Thanks again Snoopy, I leave on Sunday and currently have no discount on the council tax as both myself and my daughter work. She can afford to pay the council tax on her own, I will be paying the mortgage and she will take over all other bills. She is 22!
I will just close my account online and get her to open her own account.

[Steff]

Re: Moving abroad - council tax discount

I've just looked at the online forms, I can say I have moved out of the local authority and it does ask if the whole household will be moving out or if there will be anyone over 16 remaining. WHen it comes to my daughter setting up her account she has to say if she owns or rents, neither of which apply, it goes on to ask for details of the landlord or the estate agent that sold the property. This is not going to be easy.....

[Snoopy1948]

Re: Moving abroad - council tax discount

Thanks for that ... I think when you say no discount as you both work, I think you are referring to Council Tax Support which is a benefit awarded to low income tax payers. It may be worth seeing if your daughter can claim that to any degree although I sense that it may well not. When you close your account on line, please give your daughters details as the ongoing party at the same time. One thing I do remember is that while councils don't always know the rules, they do like their income streams to continue! Good luck on it all going smoothly! Oh as for the complex online form you describe, there must be a facility to declare another party, your daughter, who is neither owner nor tenant but in fact a family member.

[Steff]

Re: Moving abroad - council tax discount

You would think there would be a third option but no there is only the two, you must either rent or own a property! I will give it a try and see what happens.
Thanks for all the help.

[Snoopy1948]

Re: Moving abroad - council tax discount

Thanks Steff .... would you let us know if it all went well? :tinysmile_twink_t2: