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Council Tax discretionary write off under 13a(1)(c) of the Local Government Finance Act 1992
Hello
I’m wondering whether anyone can help.
I have a client who is on Universal Credit with the standard allowance and housing costs elements only. She has two non-dependents living with her, so she needs to make up the shortfall in her rent.
Additionally, she is also liable for some council tax. This is because her council will not cover anyone’s entire council tax liability through council tax support, as well as non-dependent deductions being made.
She has arrears going back years. Some of it is with enforcement agents and some arrears are with the council. In total, for her on going council tax and the two sets of arrears repayments, she is expected to pay £120 per month for council tax alone.
In terms of her non-dependents (her Son and Daughter), they will not contribute at all to the rent or council tax. Though they live in the same house, they are estranged from her. Despite knowing her difficulties they won’t contribute or tell her what they’re up to work wise. Despite the way they treat her, as their mother she feels unable to ask them to leave.
She also has health issues such as a personality disorder, osteoarthritis, bowel disease, slipped disc, sciatica, a leaky valve in her heart and depression. We are having to appeal a PIP decision, but if this is awarded by tribunal then non-dependent deductions will cease.
She is reluctant to go for a debt relief order.
I wrote to the council to request a discretionary write off of this year’s council tax under section 13. This was rejected so I requested a review.
The review upheld the original decision. It said ‘I do not accept that the situation surrounding her Son is beyond her control and that all reasonable steps have been taken to resolve this situation. As you are aware, the non-dependent deductions are the main cause of her problems in relation to council tax. It is not for me to advise her on how she treats her son, but it is also not for the residents of this council to bear the burden of his refusal to contribute to the household’.
It is unclear what reasonable steps can be taken but in any case I’m not sure whether I have further recourse and if so what I could do next. Has anyone been in a similar situation?