i have a client who has council tax arrears which we beleive could and should be reduced by application of single person deduction. However the council are refusing to allow a backdated reduction because there is no provision in legilsation that they MUST do so, and also because the client didn't previously return a review form that had been issued, nor did he question the non-application of the discount previously, so it's his own fault.

While i have sympathy with their argument, I feel they are being a bit overly intransigent and CPAG p100 states that:

'the granting of dsicount is not dependant on a claim. Authorities must therefore grant discounts for past period if appropriate conditions were met' - which in my view applies.

However i can't find any legislation or case law to explaint where CPAG's 'must' comes from....

does anyone know of any specific guidance or precendents that might help. I realise it's a long shot....

many thanks
Caroline

Unhappily I often have this problem with discounts. Stick in application for wheelchair which client has had for 5 years. Discount only allowed for current year. Send in appeal to valuation tribunal. Client receives check.

The appeal letter is always the same. Local Givernment act states discount shall apply for any day on which circumstances apply and in absence of any rules on backdating in the act just get on with it. I think the same should apply to single person discount. I hope the link below will take you to reg on 25% reduction.


http://tinyurl.com/2qa6jw

Sorry! thats cheque not check!

many thanks Semitone! i'll give that a try

all the best
Caroline