My client is a Coptic Monk in training at a monestry near Scarborough. He owns a flat in Birmingham which is mortgaged; he is in receipt of IS, and DLA HRM + MRC. He was getting CTB but they have stopped it because they say he is not resident. He started training at the monestry in May this year and has been back to the flat three times since then for medical treatment, staying 2 days each time. He is unable to say how long the training will last - could be one year could be three years.

My question is - can he be regarded as a student? within whatever definition the LA will use. If he is a student he is not liable for CT!

Or is this the wrong tack to take?

Any thoughts gratefully received

Is he wholly maintained by the order? If so he should be exempt from paying CT surely?

He will be a student only if the monestary can be considered to be a theological college. (See The Council Tax (Discouts Disregards) Order 1992 SI548)

"Theological College" is not defined in the Order

If he is getting IS and DLA he wont be wholly maintained by the monestary

As he's returned home three times since May, is there any chance of continuing to get CTB paid under the temporary absence from home rules? As long as he's not away for more than 13 weeks at a time, and stays overnight he should keep his entitlement.

The monestary is not a college so will take the temporary absence line - trouble is I am not sure he will ever go back to the flat. but thanks for the info and jdeas