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Council Tax Disregard

Stuart G
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Rainbow Money Advice, Barnet

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A Single client has an 18-year-old daughter living with her.

Daughter is in military preparation college.

Daughter has been accepted as not being an adult for Universal Credit and Child Benefit purposes.  I think the local council should do likewise for the purposes of council tax liability - in which case, client’s daughter would be disregarded for council tax, and our client would be entitled to a 25% discount on council tax liability.

I am unable to find anything which confirms that military preparation college is accepted by councils as full-time study - please could you point me in the right direction.

Thank you.

 

Peter Turville
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Welfare rights worker - Oxford Community Work Agency

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Is your clients daughter attending the Army Foundation College Harrogate? In which case she is probably attending the short or long basic training course as an Army recruit and is an employee (recruits are paid a salary) and is not attending education.

There may be an argument that the daughter no longer normally resides with your client as they are now in the Army and a 25% single person occupier discount applies. Crudely - daughter lives in Army barracks and when they complete basic they will move on to their chosen regiment for further training.

If not attending AFC Harrogate see mptc.co.uk for info re the various colleges / course available.

Updated due to predictive text changing my wording!

[ Edited: 22 Oct 2019 at 05:14 pm by Peter Turville ]
Stuart G
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Rainbow Money Advice, Barnet

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Thank you Peter, especially for replying so quickly.

It’s a local college not Harrogate.  I’m waiting for the client to provide more info about exactly what her daughter’s training entails.

Peter Turville
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Stuart G - 22 October 2019 06:10 PM

Thank you Peter, especially for replying so quickly.

It’s a local college not Harrogate.  I’m waiting for the client to provide more info about exactly what her daughter’s training entails.

I am assuming it is therefore MPC Edgeware - I understand MPC’s provide BTEC level 2 courses which are non-advanced education and classed as full time (see the website as above) although they may be offering other course now as well? Is you client still receiving / should now re-apply for Child Benefit & CTC for her daughter?

Stuart G
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Thanks, Peter

Although client says it’s at Mill Hill, the nearest one I could find was Edgware (like you).

There are several different courses available and I’m trying to get the client to identify which - and I’m waiting for her to provide the enrolment details.

As per my initial post, Universal Credit and Child Benefit do not regard the client’s daughter as an adult.  I want the local Council to take the same view in respect of the Council Tax.

Peter Turville
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I’m not sure what you mean by not treating her as an adult? She is 18 - she is an adult. Do you mean UC & CHB are treating her as a dependent young person because she is still in non-advanced education and therefore Mum is receiving a child element for her in UC and CHB is in payment? Or is CHB not in payment and UC are treating her as a non-dependent but not making a non-dependent deduction from housing costs because she is under 21?

For council tax a young person discount would apply if CHB is still in payment or, if not, dtr is regarded as in non-advanced education in which case she is regarded as a ‘student’. If CHB is in payment there should be no reason why the council will not apply a 25% discount. If CHB is not in payment the ‘student’ discount would still apply if the council accept the course is non-advanced education (and I can’t see any obvious reason why not as MPC’s don’t offer advanced level courses).

It would appear (subject to further information about the course daughter is attending) that she is a dependent young person and therefore Mum should be getting a child element in her UC and she should be eligible for CHB. Therefore a 25% ‘student’ discount applies to council tax. The only other obvious possibility is that the course is part time of less than 12 hrs p.w. and doesn’t qualify as non-advanced education for CHB, UC and council tax purposes? In which case dtr may be able to claim UC in her own right but no CT discount is likely to apply..

 

Stuart G
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Peter, yes, at 18 the daughter is an adult.  UC and CB are treating the daughter as a dependent.  I am trying to get the council to not count the daughter as an adult for council tax purposes.  I’m waiting for more information about the daughter’s military college course.

Peter Turville
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Stuart G - 23 October 2019 01:25 PM

Peter, yes, at 18 the daughter is an adult.  UC and CB are treating the daughter as a dependent.  I am trying to get the council to not count the daughter as an adult for council tax purposes.  I’m waiting for more information about the daughter’s military college course.

If CHB is in payment then the 25% discount applies as she is under 20 and in non-advanced education attending a course of at least 12 hrs so she is a ‘disregarded person’. Providing evidence of CHB still in payment should be more than sufficient. Is there any reason why council will not grant the discount?

Stuart G
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Rainbow Money Advice, Barnet

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Thanks, Peter.

HB Anorak
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Everything Peter has said about discounts for students is correct, but just one thing to add by way of managing your client’s expectations: if she is on CTR the effect of the discount will be somewhat diluted.  LBB has a banded scheme with a maximum rebate of 72% - if that is what she gets the discount will equate to 7% of the full Council Tax after the CTR is adjusted.  Still worth having though.