Terms & Conditions

[LKUZ]

Can anyone advise if someone on an Open University course is treated as a student. Not sure if the OU is treated as a education establishment.

[Anonymous]

Haven’t done council tax law for a long time but don’t students have to be “attending” an educational establishment. The OU is a)virtual and b)part time

[LKUZ]

Just found out that OU is part time. Thanks

[Kevin D]

It actually depends on the course and the number of modules. Many OU courses can be undertaken full time.

[Anonymous]

According to a recent presentation I went to, the definition is changing from “attending” to “undertaking”.

[jamcon]

That’s probably due to te decision in Feller v Cambridge City Council. I believe that “undertaking” and “attending” has always been in the CT regulations, but previous court cses has defined attending as physical attendance at a particular place. Home study could also count as “attendance”. Dr Feller was a post graduate and the conditions ofhis course were only that he should go to the college on one day at the beginning of his course and he should live within 10 miles of Cambridge, so the details of what is considered attendance of any particular course may be important.

Unfortunately, this case doesn’t appear to be on BAILII, but I can e-mail a copy to anyone interested.

[Condor]

On the 13th May 2011, the Council Tax discount disregard regulations were amended. The new regulations change the definition of a person undertaking a full-time course of education so that the requirement for attendance in relation to a full-time course is replaced by a requirement to undertake such a course.

The Council Tax (Discount Disregards) (Amendment) Order 2011

http://www.legislation.gov.uk/uksi/2011/948/made

This means that students who are undertaking a full-time course of education, whether by physically attending the educational establishment or by other means, such as correspondence or on-line, and who meet the relevant qualifying criteria laid down in the legislation will be treated as full-time students for Council Tax purposes.

In addition the new order allows full-time student resident in England or Wales to qualify under the discount disregard order whilst studying in an educational establishment in any EU member state. Prior to 13th May 2011 the educational establishment had to be based in the UK.

[LKUZ]

I am happy that anyone studying full time distance learning is now treated as a student. On checking the OU website they advise that they cannot confirm full time study.

[Author]

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