Customer not registered for Council Tax

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  • #31732
    ams
    Participant

    Hi

    We have a difference of opinion on this one so any insight will help.

    Scenario
    Customer moves into property 1.2.10 privately rented property on passported benefit. They do not make a claim for Hb/CTB until 5 months later and request backdated benefit however there is no good cause so Hb b/d refused. However they had never registered with Council tax and so had never been treated as liable by them/received bill etc until we notified ctx dept that they were there. It was only at this point that the customer was billed.

    CTBR06 Reg 69(5) provides that, where a passported customer becomes liable for the first time to pay council tax … where the claim is received … within one month of the date of the change, the date of claim will be the date on which the change takes place.

    We had a training session where the trainer stated that as the customer was not liable to pay until ctax had registered and billed him (despite the fact that he had lived in property for 5 months) this should be treated as the date of change and that we should pay the CTB back to when he moved in per the above. This wasnt something that we were doing and we would have considered ctb as the Hb for b/d.

    Any opinions? Thanks

    #88777
    Anonymous
    Guest

    How is that not good cause for failing to claim CTB?

    Also, with passport benefits and modern DWP processes, it is quite possible that there was contact with DWP that would stand either as a claim or first contact for both HB and CTB – I would check that out.

    #88778
    Anonymous
    Guest

    With such a delay, I’d be suspicious of the whole claim. How were they paying their rent for the first five months? What is their relationship with the landlord? I wouldn’t be surprised if they had been living there rent free initially and rent liability was only created retrospectively when they realised they could get housing benefit. Regarding CTB – if they had acted reasonably, they would have told the Council that they had moved in and would have been billed for CTAX much sooner. If there has been absolutely no contact from them for the whole five months I’d be tempted to refuse backdating.

    By the way the trainer was wrong – normal backdating rules would apply in this situation. I think they were possibly confused with the situation where the Council has not yet set the Council Tax rates for the whole Borough, or where someone is made liable for CTAX right back to the start of the scheme (April 1993).

    #88779
    ams
    Participant

    Thanks for the replies.
    My main concern was regarding the trainers advice – that if someone had not registered for council tax no matter how far back, and that they were only billed after we did it for them on receipt of the form, that we should pay benefit all the way back to when they moved in as we had the form in within the month of them being made liable

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