Council Tax Reduction and ILR application

[tt13]

Hi guys. Hope to hear from you as I'm a bit concerned.

I am an Indian citizen and have been on the Tier 2 General category of visa since January 2013. I will be applying for ILR in December/Jan, 2017/2018, fingers crossed.

From the start I have worked at a university as a doctor in a clinical research unit. I have concurrently been a full-time PhD student since October 2015, which meant I was able to successfully apply for Council Tax exemption, as I live alone at my rented flat. I have hence not had to pay council tax since.

I know that one of the fields in the application form is the claiming of public funds. I understand that I would have to tick Council Tax Reduction. I was wondering: is this a problem in any way? Am I not permitted to seek these funds as a Tier 2 General migrant?

Would appreciate your help immensely.

[tt13]

Just a follow-up:

I have done some more googling and found that the full council tax discount that students receive may not count as "Council Tax Reduction"? I still receive a Council Tax Bill, but it just says that I need to pay zero.

Should I then not be selecting this field on the application form?

Apologies for the trouble.

[sadi952]

Just a follow-up:

I have done some more googling and found that the full council tax discount that students receive may not count as "Council Tax Reduction"? I still receive a Council Tax Bill, but it just says that I need to pay zero.

Should I then not be selecting this field on the application form?

Apologies for the trouble.

Hi TT13
As you are full time student So you do not need to tick council tax reduction in you application category ,,,,,,,,

[tt13]

You are a Godsend.

Thank you so much for your reply. Feel a massive wave of relief.

[sadi952]

Hi TT13
Dear its my understanding however i'm not solicitor or immigration expert ,,,, just on safer side take advice from some solicitor too,,,,, But on My side I do understand that If you are full time student Council tax reduction do not come under category of public fund,,,,,, as it is for every full time student ,,,,, and you do not need to tick in your application ,,,,,,,,

[tt13]

Thanks again.

I will do that. It does seem you are right - Council Tax Exemption as a full-time student does not seem to be a public fund based on a little research, but I will certainly get some advice from a solicitor.

Thanks ever so much again.

If anyone else has an opinion I welcome it too.

[noajthan]

Hi guys. Hope to hear from you as I'm a bit concerned.

...

I have hence not had to pay council tax since.

I know that one of the fields in the application form is the claiming of public funds. I understand that I would have to tick Council Tax Reduction. I was wondering: is this a problem in any way? Am I not permitted to seek these funds as a Tier 2 General migrant?

Would appreciate your help immensely.

This could be 'just what the doctor ordered':
https://www.gov.uk/government/uploads/s ... _v13.0.pdf
- see refs to council tax and council tax reduction, eg page 6+

[tt13]

^^Hey there. Thanks for that!

I had a look at that document actually.

"Immigration Rules
Paragraph 6 of the Immigration Rules (see related link) defines benefits considered as
public funds for the purpose of the Immigration Rules.

The following benefits and forms of support count as public funds:
• attendance allowance
• carers allowance
• child benefit
• child tax credit
• council tax benefit
• council tax reduction
• disability living allowance
• (from 6 April 2016) discretionary support payments by local authorities or devolved administrations in Scotland and Northern Ireland which replace the discretionary social
fund.
• housing and homelessness assistance
• housing benefit
• income-based jobseeker’s allowance
• income related employment & support allowance – ESA (IR)
• income support
• personal independence payment
• severe disablement allowance
• social fund payment
• state pension credit
• universal credit
• working tax credit

Council tax discounts, such as sole occupancy discounts, are not considered public funds
for the purposes of the Immigration Rules."

My only concern is whether an exemption based on my being a full-time student counts as a discount, and hence is not a public fund.

Cheers for this, and would appreciate your kind input.

[noajthan]

^^Hey there. Thanks for that!

I had a look at that document actually.

"Immigration Rules
Paragraph 6 of the Immigration Rules (see related link) defines benefits considered as
public funds for the purpose of the Immigration Rules.

The following benefits and forms of support count as public funds:
...
• council tax benefit
• council tax reduction
...

Council tax discounts, such as sole occupancy discounts, are not considered public funds
for the purposes of the Immigration Rules."

My only concern is whether an exemption based on my being a full-time student counts as a discount, and hence is not a public fund.

Cheers for this, and would appreciate your kind input.

Council tax reduction is a public fund. Is what you were granted a reduction or a discount

[tt13]

I'm sorry. I don't understand. Are you saying that my exemption counts as council tax reduction, and hence it is a public fund?

Please do reply. Very concerned now.

I was granted an exemption as a full-time student.

[noajthan]

I'm sorry. I don't understand. Are you saying that my exemption counts as council tax reduction, and hence it is a public fund?

Please do reply. Very concerned now.

I was granted an exemption as a full-time student.

I don't know but that is the crucial question.

[tt13]

Ok. I suppose this is cause for concern then.

FYI, I found this website:

http://www.ukcisa.org.uk/Information--A ... g-the-bill

"Council Tax reduction (formerly Council Tax benefit)

From 1 April 2013, each individual local authority (sometimes also referred to as a local council) will operate a 'Council Tax reduction' scheme. Each local authority scheme will set out who is entitled to a Council Tax reduction. This means that entitlement to Council Tax reduction may be different, depending on which local authority you come under. If you are unsure which local authority you live in, you can search on the UK Government's website [^].

Until 31 March 2013,'Council Tax benefit' or a 'second adult rebate' were available for some people on low incomes who are liable for Council Tax, but most full-time students were not eligible for it. If you are currently getting Council Tax benefit, this will be transferred to your local authority Council Tax reduction scheme and your current claim will close.

The Immigration Rules changed on 1 April 2013 to include the following in the list of public funds:

- council tax reduction under a council tax reduction scheme made under section 13A of the Local Government Finance Act 1992 in relation to England or Wales
- a council tax reduction pursuant to the Council Tax Reduction (Scotland) Regulations 2012 or the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012.

This does not include being exempt from Council Tax. If your dwelling is 'exempt' from council tax, or you are 'disregarded' for the purpose of Council Tax, then you are not deemed to be receiving a Council Tax reduction. Also if you receive a Council Tax 'discount' (for example, because only one adult who is not 'disregarded' is resident in the property), then you are not considered to be receiving a Council Tax reduction under the Immigration Rules, although your local authority might refer to this as a 'Council Tax reduction'.

If your UK identity card ('Biometric Residence Permit' or 'Identity Card for Foreign Nationals') or passport has a 'no recourse to public funds' condition and you have claimed or tried to claim Council Tax benefit, or a 'Council Tax reduction' as defined in the Immigration Rules, this could mean that you are breaching immigration rules.

If you are in any doubt about whether you are claiming a 'Council Tax reduction' which is deemed to be a public fund under the Immigration Rules, please contact your International Student Adviser."

I am not aware of the veracity of the document, though.

[noajthan]

Ok. I suppose this is cause for concern then.

FYI, I found this website:

http://www.ukcisa.org.uk/Information--A ... g-the-bill

"Council Tax reduction (formerly Council Tax benefit)

...

I am not aware of the veracity of the document, though.

I would accept UKCISA as a reputable source.

[tt13]

Thank you. I hope this concludes the issue for me. Again, anyone's input is welcome.