CH/1757/2009

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 3 posts - 1 through 3 (of 3 total)
  • Author
    Posts
  • #20759
    Anonymous
    Guest

    In this UT decision the judge says

    [i:b1e17a3492]“CM produced to me copies of formal warnings she had received about actions by bailiffs and possession proceedings because of the non-payment by her of outstanding council tax together with charges incurred because she had not paid. On the papers before me this appeared to relate in large part to the decision by the Council that she was not entitled to council tax benefit. That decision has been under appeal for longer than usual, but nonetheless remains under appeal. I therefore directed, as a matter of priority over other business, that the decision of the Bexleyheath tribunal, confirming the decision of the Council, about CM’s council tax benefit was to be suspended. That was served on the Council, on the officer who represented the Council before me, and on the bailiffs who issued the notices to CM. It is clearly not appropriate that the Council should, either directly or through any agent, take action to enforce a decision that is still under appeal. That is wrong both in principle and because of the added charges that tend to arise when enforcement is resisted”. [/i:b1e17a3492]

    Our council tax section are saying that this is completely wrong, council tax legislation hasn’t changed and the law allows councils to recover council tax arrears even if there are appeals (benefit or valuation) outstanding.

    What are others doing?

    #3425
    Anonymous
    Guest

    <bump>

    Anyone?

    #3426
    jmembery
    Participant

    The position is much the same as with HB overpayments. There is nothing clear in statute that stops recovery but it is clearly “wrong” whilst a legal dispute is being actively pursued.

    Both the Tribunal Service and the Ombudsman are clear on this.

Viewing 3 posts - 1 through 3 (of 3 total)
  • You must be logged in to reply to this topic.