Can a licensee who is not a tenant claim CTB (without HB) with no proof of occupation from the landlord or the agent?

Specifically, social services were supporting my client when she had no recourse to public funds. Social Services were down as tenants on the tenancy agreement. When she was grant leave to remain, social services cut her off without helping her transfer to mainstream benefits. She continued to occupy the property. She tried to claim Housing Benefit and Council Tax Benefit was was but told she was not able to do so because she was not a tenant. As a result, there are several thousand pound outstanding rent and Council Tax arrears.

The agents are holding social services responsible for the rent arrears and are taking them to court, because they are still the tenants. However, my client's name is down as the person liable to pay council tax, and as a result the local authority has issued a court summons for a liability order against her for the outstanding sum. She has been consistently told that she cannot claim CTB by the council because she is not a tenant. Is this correct? My understanding was that you could separate HB and CTB and you could claim CTB as long as you are liable to pay it whether or not you're a tenant. Can someone clarify the position?

A person is not required to be a tenant in order to be entitled to claim CTB. Your client may not be able to establish entitlement to HB as she is not a tenant (arguable) but entitlement to CTB is not dependant upon entitlement to HB.

Entitlement to CTB is, at the first stage, based upon Section 131 Social Security Contributions and Benefits Act 1992. Specifically, s.131(3) states that entitlement to CTB depends upon a person being liable for Council Tax (one would think that the local authority applying for a Council Tax Liability Order is sufficient proof of this to establish entitlement) AND they are not a prescribed person. Regulation 7 Council Tax Benefit Regulations 2006 describes those persons from abroad who are classed as prescribed persons.

If she now established a right to reside under Regulation 7 and, therefore, entitlement to CTB, she has a right of appeal against any refusal to award CTB in respect of her CT liability. However, this probably won't prevent the local authority from pursuing enforcement action in respect of CT liability (which they are legally entitled to do). However, I find its best to concentrate on one issue at a time.

I hope that this helps.

Chris

Many thanks Chris! That's extremely useful
Abi

The liability to pay council tax is primarily that of the occupier of residential property, unless they or the accommodation is in a category which is exempt from liability. The right to benefit fundamentally at least is dependent upon there being a liability to pay. You then get into twiddly bits like right to reside but the primary question is who is liable to pay the council tax.

Chris alluded to this in his reply, but may be your worth investigating the HB situation a little further as there are rules that allow a 'non-liable' person to be treated as liable where the liable person is not paying the rent (specifically, reg 8(1)(c)(ii) HBR).

Dear Abi,

Further to the previous e-mails, you may find that CD R(H) 3/08 is of direct assistance.

Hope that this helps.

Chris