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Top Housing Benefit & Council Tax Benefit topic #4740

Subject: "council tax exemption" First topic | Last topic
glenys
                              

benefits and income adviser,, Places for People Homes, Yorks/Humber
Member since
14th Feb 2007

council tax exemption
Fri 30-Mar-07 05:22 PM

does anyone know if the Council Tax exemption for people who are in hospital/ resi care only applies if they are no longer returning to the property, or can it apply to being temporarily in care etc? Also for those away from home providing care?(Class J below)
I've looked at the Council Tax (Exempt Dwellings Order) 1992 but I can't tell if that's what it means:
"Class D: (1) an unoccupied dwelling which either- (a) would be the sole or main residence of a qualifying person detained elsewhere in the circumstances specified in paragraph 1 of Schedule 1 to the Act<3>but for his detention, or

(b) was previously the sole or main residence of such a person, if he has been a relevant absentee for the whole period since it last ceased to be such;

Class J: an unoccupied dwelling which was previously the sole or main residence of a qualifying person who- (a) has his sole or main residence in another place for the purpose of providing, or better providing, personal care for a person who requires such care by reason of old age, disablement, illness, past or present alcohol or drug dependence or past or present mental disorder; and

(b) has been a relevant absentee for the whole of the period since the dwelling last ceased to be his residence; "

  

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Replies to this topic
RE: council tax exemption, OwenK, 04th Apr 2007, #1
RE: council tax exemption, glenys, 10th Apr 2007, #2
      RE: council tax exemption, ariadne2, 10th Apr 2007, #3

OwenK
                              

Revenues Officer, North Cornwall District Council
Member since
02nd Mar 2007

RE: council tax exemption
Wed 04-Apr-07 04:29 PM

Class D refers to Prisoners or people in hospital or another place by order of a court (not sure that is relevant to your case?)

Class E refers to properties left unoccupied because the council taxpayer is now permanently resident in a hospital, hostel, nursing or care home are exempt form Council Tax. This exemption is only due when the situation is permanent, or thought to be permanent. When the person is staying temporarily in hospital, or in respite care, the exemption would not apply

Class I - Properties Left Empty by People Living Elsewhere to Receive Care:

Properties left empty because the owner or tenant has gone to live elsewhere to receive care are exempt from payment of Council Tax.

The person must be living elsewhere to receive personal care due to old age, disablement, illness, past or present alcohol or drug dependence, or past or present mental disorder.

The exemption will only apply where the person now living elsewhere to receive care, was the last actual occupier of the property and would still be the person otherwise liable to pay the council tax.

Class J would be for properties left empty because the owner or tenant has gone to live elsewhere to provide care to another person are exempt from payment of Council Tax.

The person must be living elsewhere in order to provide personal care to someone in need of care due to old age, disablement, illness, past or present alcohol or drug dependence, or past or present mental disorder. The care provider does not have to be actually living with the person to whom they are providing personal care, they could live nearby. However the carer must be in a better position to provide care from their new address than they were from their old address.

  

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glenys
                              

benefits and income adviser,, Places for People Homes, Yorks/Humber
Member since
14th Feb 2007

RE: council tax exemption
Tue 10-Apr-07 02:42 PM

thanks. it was just that i had read something that suggested temporary stays in hosp also gave exemption-but i think that must be wrong. thanks for your help.

  

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ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: council tax exemption
Tue 10-Apr-07 06:31 PM

You might be thinking of the rule that you don't lose your entitlement to council tax benefit during a temporary stay in hospital - could that be it?

  

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