Student with adult non student son

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  • #20708
    Anonymous
    Guest

    We have a case where a full time student is the sole tenant of a private rented property. (she would be eligible for benefit as she has a child)
    She has one adult son who lives with her and works part time . (he is not a joint tenant- for benefit purposes he would be a nondependant)

    our Council Tax Section have advised us that they will make the adult son liable for Council tax (although he is not a tenant at this address)
    i am not sure that this is correct and think that the student should still be liable with a 25%disregard. She would be entitled to council tax benefit in the normal way. The council tax section advise that they will not make her liable because if she does not pay her council tax she cannot be pursued for recovery of council Tax because she is a full time student.
    i do not know enough about Council tax law (i work in benefits) but it doesnt seem correct. Please can anyone clarify if counci tax are corerct?
    thank you in advance

    #3375
    markp
    Participant

    Surely the C TAx hierarchy prevents that from being done? I can’t see any way in which he can be treated as liable to pay CT at the property since she is still there………………..

    In any case wouldn’t she possibly be eligible for some 2AR, even if not the full amount?

    Do I know what I'm doing? The jury's out on that........................

    #3376
    Steve H
    Participant

    You are right Kully, and I think your Council Tax team seem to be confusing this case with the joint and several liability rules with students.

    A full time student should only have their liability removed when they are equal on the hierarchy with a non student.

    As Mark says, in the case you describe, as the mother is the sole tenant, she will be liable and hence can be pursued in any event of non-payment – the son has no liability at all.

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