× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Housing costs  →  Thread

Housing Benefit & Council Tax Liability for non static boat mooring

MGreveson
forum member

British Legion BDMA Team

Send message

Total Posts: 1

Joined: 16 January 2017

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.

Gareth Morgan
forum member

CEO, Ferret, Cardiff

Send message

Total Posts: 1995

Joined: 16 June 2010

Out of ignorance; if they haven’t got a mooring, what are they paying rent for?

chacha
forum member

Benefits dept - Hertsmere Borough Council

Send message

Total Posts: 472

Joined: 13 December 2010

chacha
forum member

Benefits dept - Hertsmere Borough Council

Send message

Total Posts: 472

Joined: 13 December 2010

Gareth Morgan - 18 January 2017 11:38 AM

Out of ignorance; if they haven’t got a mooring, what are they paying rent for?

Lol, to skim the waterways?

MGreveson
forum member

British Legion BDMA Team

Send message

Total Posts: 1

Joined: 16 January 2017

chacha - 18 January 2017 11:50 AM

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

Dan_Manville
forum member

Mental health & welfare rights service - Wolverhampton City Council

Send message

Total Posts: 2262

Joined: 15 October 2012

see R(H)9/08 as well.

Dan_Manville
forum member

Mental health & welfare rights service - Wolverhampton City Council

Send message

Total Posts: 2262

Joined: 15 October 2012

Gareth Morgan - 18 January 2017 11:38 AM

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.