Student Exemption but Non Dep resident

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    We have a customer who qualifies for the Student Exemption on Council Tax. However, as there is a Non Dep at the property there remains a 75% charge. Can the liable person (the student) apply for Council Tax? She does not get UC as her Student income and other income is too high but she does get PIP Daily Living Standard and PIP Mobility Enhanced.

    Peter Barker

    It depends whether (1) your scheme excludes students from regular CTR based on their income (quite likely wouldn’t qualify for much anyway after student finance taken into account), and (2) whether your scheme includes 2AR for working age claimants, and if so whether students are eligible for 2AR under your scheme’s rules and (3) whether your 2AR rules mimic the old CTB Regs by allowing the whole 75% to be rebated in cases like this.

    If you have imported the old CTB scheme lock stock and barrel, including 2AR in its pre-2013 form, you can award 2AR on the remaining 75% liability provided the second adult is on DWP means tested benefit.

    Otherwise, there is always the possibility of a s13A(1)(c) discretionary reduction

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