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Top Housing Benefit & Council Tax Benefit topic #7951

Subject: "Council Tax liaibilty for client with smi" First topic | Last topic
suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

Council Tax liaibilty for client with smi
Mon 20-Apr-09 09:42 AM

Not benefits but I hope someone has the answer for me...

My client was awarded damages after a RTA resulted in smi. The money paid for a house in which she, her adult siblings and her mum lived. The latter was her appointee for benefit purposes. For some of the same later period my colleague was appointed Receiver by the Court of Protection but had no dealings with benefits etc.

The mother has recently moved away and is no longer dealing with client's affairs. Outstanding council tax bills totalling several thousand have come to light. Despite being her appointee mum never applied for council tax benefit.

We've managed to get 25% smi exemption going back several years but this still leaves a substantial amount outstanding including some with court costs.

In the circumstances is my client liable?

  

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Replies to this topic
RE: Council Tax liaibilty for client with smi, Semitone, 20th Apr 2009, #1
RE: Council Tax liaibilty for client with smi, suelees, 20th Apr 2009, #2
      RE: Council Tax liaibilty for client with smi, nevip, 20th Apr 2009, #3
           RE: Council Tax liaibilty for client with smi, suelees, 20th Apr 2009, #4
                RE: Council Tax liaibilty for client with smi, nevip, 20th Apr 2009, #5
                     RE: Council Tax liaibilty for client with smi, suelees, 20th Apr 2009, #6
                          RE: Council Tax liaibilty for client with smi, stainsby, 21st Apr 2009, #7
                               RE: Council Tax liaibilty for client with smi, suelees, 21st Apr 2009, #8

Semitone
                              

welfare rights officer, Redcar & Cleveland Welfare Rights
Member since
22nd Jan 2004

RE: Council Tax liaibilty for client with smi
Mon 20-Apr-09 01:12 PM

If SMI now living alone I think 100% discount. What possibility of claiming backdated carers discounts when mother and adult members in household. That would increse the 25% up to 50%

  

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suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

RE: Council Tax liaibilty for client with smi
Mon 20-Apr-09 02:13 PM

Thanks but there's now another adult in the household so still can't get 100% even now.

I've already applied for the 50% for period mum was carer.

  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Council Tax liaibilty for client with smi
Mon 20-Apr-09 02:34 PM

Whose name is the property in?

  

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suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

RE: Council Tax liaibilty for client with smi
Mon 20-Apr-09 02:52 PM

client's as part of the PI trust

  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Council Tax liaibilty for client with smi
Mon 20-Apr-09 03:32 PM

Bugger!!

  

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suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

RE: Council Tax liaibilty for client with smi
Mon 20-Apr-09 03:59 PM

yeah I know

  

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stainsby
                              

Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since
22nd Jan 2004

RE: Council Tax liaibilty for client with smi
Tue 21-Apr-09 03:14 PM

Tue 21-Apr-09 03:15 PM by stainsby

Ask the Council to use its use its discretion under S13A of the Local Government Finance Act 1992 to reduce the liability to zero

  

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suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

RE: Council Tax liaibilty for client with smi
Tue 21-Apr-09 03:36 PM

Now we're getting somewhere. Thanks Stainsby.

  

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Top Housing Benefit & Council Tax Benefit topic #7951First topic | Last topic