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Housing Benefit & Council Tax Liability for non static boat mooring
I have a case in respect of a prior claim for Housing Benefit on a mooring for an ocean vessel moored in the South West of the UK. The initial enquiry related to a dispute over Council Tax liability for the mooring which I can dispute on the grounds that the mooring was not static and in some cases a return to the marina provided no mooring point. My understanding of the rules suggest that the Marina Owners are responsible for the charge in such cases as they have not provided a right to a static mooring. The problem arises with Housing Benefit which was claimed for the period which is disputed for Council Tax liability purposes. The question being - the boat being used as a dwelling although not on a fixed point mooring if successfully removed from liability for Council Tax - will this have an impact on the prior claim for Housing Benefit and create an over payment. I assume that in theory it would not have an impact as the vessel was still a dwelling but I’ve not had such a case before so any comments would be appreciated.
Out of ignorance; if they haven’t got a mooring, what are they paying rent for?
See CH/844/2002, they are still eligible for HB.
http://administrativeappeals.decisions.tribunals.gov.uk//Aspx/view.aspx?id=830
Out of ignorance; if they haven’t got a mooring, what are they paying rent for?
Lol, to skim the waterways?
See CH/844/2002, they are still eligible for HB.
http://administrativeappeals.decisions.tribunals.gov.uk//Aspx/view.aspx?id=830
That’s the answer I needed and provides the client with grounds to retain the claim for a facility of flexible mooring as a legitimate claim for HB despite the disputing of liability for Council Tax. Many Thanks
see R(H)9/08 as well.
Out of ignorance; if they haven’t got a mooring, what are they paying rent for?
There may well still be berthing fees despite no right to a static mooring. Also there might be licence fees depending on the Port Authority.
On all Canal and River Trust moorings you are given the right to stop at a particular site but not in an individual spot. It used to provide a handy get out clause for Council Tax as there was no hereditament and they had to legislate a way round it.