My client is a single parent but also has a son who’s just turned 19 who also lives in the property. He receives Incapacity Benefit in Youth and Low Rate DLA Care and has recently finished a non-advanced course of education. He is undecided whether to take on another course. The parent received 25% discount for the period the son attended college up until June, as son was treated as a student and therefore disregarded as a second adult.

I have been looking to see if my client who be eligible for any kind of discount, and I came across this in ‘The Guide to Housing Benefit and Council Tax Benefit 2006-06’ book produced by Shelter...


Categories of people for non-dependant deduction and second adult rebate purpose

Second adult rebate ‘Disregarded Persons’ - ‘This only applies from 1st May to 31st October inclusive each year. It means that anyone who leaves the type of education described in category 5 or 6 within that period. It lasts until that person reaches 20 or until 31st October, whichever comes first’


The information is also included in the CPAG Council Tax book, but sadly, our office only holds a 2002 copy (a current one is on order!).

My question is… can the son be disregarded as a second adult from when he finished his course in June until 31st October this year? I phoned our local Council Tax section and was told that this rebate only applies for young people under 20 continuing in education in the autumn after finishing education or secondary school in May/June. However, there is nothing in the book that states that.

If someone can either give me further advice or point me to the relevant legislation to either prove or disregard this, I’d be most grateful (the paragraph quoted has no legislative reference next to it).

The Disability Rights Handbook words it as "education leavers under 20 (but only if they left on or after 1st May, and then only until 31st October inclusive that year)".

Do the council know what leglislation they are using?

If they can't get the discount then the other option is for the parent to apply for a second adult rebate. This should be worth 15% of the bill, from what you have said about the family. Its not as good as 25% discount but better than nothing.