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Council Tax Benefit - Recourse to Public Funds?

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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push
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Council Tax Benefit - Recourse to Public Funds?

Post by push » Wed Dec 31, 2008 6:23 pm

As per various guidelines, although Council Tax Benefit is covered under public funds, I was not sure what exactly Council Tax Benefit here stands for? If for example someone claims for part exemption from Council Tax on the grounds that he/she is the only adult staying in the property, will that count as availing Council Tax Benefit and thus Public Funds?

thanks
Last edited by push on Thu Jan 01, 2009 11:22 pm, edited 1 time in total.
regards,
push
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push
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Post by push » Thu Jan 01, 2009 11:21 pm

Guys any thoughts on above?
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push
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zaphod
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Post by zaphod » Fri Jan 02, 2009 12:46 am

You're fine to claim the single occupancy discount.

John
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Post by John » Fri Jan 02, 2009 8:57 am

If for example someone claims for part exemption from Council Tax on the grounds that he/she is the only adult staying in the property, will that count as availing Council Tax Benefit and thus Public Funds?
No, getting the 25% single occupant discount is not Council Tax benefit. You can claim that discount .... no problem.
John

push
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Post by push » Fri Jan 02, 2009 7:53 pm

John wrote:
If for example someone claims for part exemption from Council Tax on the grounds that he/she is the only adult staying in the property, will that count as availing Council Tax Benefit and thus Public Funds?
No, getting the 25% single occupant discount is not Council Tax benefit. You can claim that discount .... no problem.
Thanks John. Is this information available anywhere? Not that I don't trust you but I was just thinking of understanding related issues too as there have been a number of similar questions from other board members. If I had access to such a resource I could have helped the board members (Tier-1 section) where I have been active for a while.

Thanks
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push
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Post by John » Sat Jan 03, 2009 10:43 am

The problem is .... how do you prove a negative?

Just to make it clear, Council Tax Benefit is means-tested .... it is only available to those on low incomes ... whereas the 25% single occupant discount is not income-related at all. It is based solely upon the number of people living in the place.

That is, a millionaire ... living alone ... is entitled to the claim the 25% discount.
John

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Re: Council Tax Benefit - Recourse to Public Funds?

Post by bluespeed08 » Sun Jan 04, 2009 6:46 pm

Hi Push, John

I have another question on council tax. May be as I dig for information you can help me in this.

I am applying for tier-1 from student visa. As a student, though we don't have access to public funds but there is an exception on council tax (exempted).

Now in Tier-1 application form in Section X. Public Funds - it asks whether you are receiving any public fund? Is it yes or no for students.

If yes, do you have any info on X5. local housing authority letter which needs to be submitted.

Thanks for your time



push_hsmp wrote:As per various guidelines, although Council Tax Benefit is covered under public funds, I was not sure what exactly Council Tax Benefit here stands for? If for example someone claims for part exemption from Council Tax on the grounds that he/she is the only adult staying in the property, will that count as availing Council Tax Benefit and thus Public Funds?

thanks

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Post by John » Sun Jan 04, 2009 7:58 pm

As a student, though we don't have access to public funds but there is an exception on council tax (exempted).
You need to appreciate that the definition of Public Funds, as in para 6 of the Immigration Rules, is quite limited and certainly does not include every type of "benefit" provided by the UK Government.

Let's be clear about this! Council Tax Benefit is means-tested ... it is only every given to those on low income ..... because they have low income!

Accordingly any relief or exemption from Council Tax that has nothing at all to do with income, but is instead due to other circumstances, cannot possibly be Council Tax Benefit, and thus cannot possibly be Public Funds, as defined.

Therefore not Public Funds include 25% single occupant discount .... student exemption ... etc etc ..... all of which would be granted to the proverbial millionaire if their circumstances permit!
John

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Post by bluespeed08 » Sun Jan 04, 2009 8:16 pm

Vow! Your reply really helped. Thanks John! Now I feel so much relaxed.


John wrote:Let's be clear about this! Council Tax Benefit is means-tested ... it is only every given to those on low income ..... because they have low income!

Accordingly any relief or exemption from Council Tax that has nothing at all to do with income, but is instead due to other circumstances, cannot possibly be Council Tax Benefit, and thus cannot possibly be Public Funds, as defined.

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Post by push » Mon Jan 05, 2009 6:22 pm

John wrote:The problem is .... how do you prove a negative?

Just to make it clear, Council Tax Benefit is means-tested .... it is only available to those on low incomes ... whereas the 25% single occupant discount is not income-related at all. It is based solely upon the number of people living in the place.
I get the point now. Having worked with banking lawyers for years it looks like I have got tuned to appreciate things only when they are stated with some sort of legal tone OR may be its the age :D.

Thanks for your help.
regards,
push
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