Liability Issues

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  • #20739
    Anonymous
    Guest

    I have a claim for Council Tax benefit for tenant A

    There are two joint Tenants in the propert and both have been there for 2 Years on a joint tenancy.

    Tenant B has been the only named party on the bill. and always paid on time.

    Tenant A lost his job, fell behind with payments, Tenant B was summons regarding arrears and Liability Order obtained.

    Council tax will not amend the account, as they don’t want to risk losing the liability order? And therefore we cannot award CTB as there is no liability.

    Can someone point me to where in the Council tax regulations there is any justification for this action? Or where in the regulations it says they should correct the liability?

    #3404
    stevedaymond
    Participant

    I work in benefits so this could be completely wrong but try starting with 6(2)(d) of the Local Government Finance Act 1992. Under the hierarchy they should both be joint and severly liable (this is probably all spelt incorrectly but you know what I mean!). If they have always been joint tenants and your council are aware of that, and also aware that by correcting the error they have made will help out the tenants I can see absolutely no reason for them to continue with this error just because they have got it to a recovery stage. Surely if the guy appeals and advises that they should be jointly liable it is going to happen anyway so why not save everyone the bother and also help out your customers by decreasing the bill using CTB, instead of increasing it with additional charges?

    As previously stated I work in benefits so there is probably an obvious reason preventing them from doing as you require but common sense says make them jointly liable and help out yourselves in benefit subsidy and CTAX in recovery targets.

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