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Faulty council tax reduction scheme

Damian
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Welfare rights officer - Salford Welfare Rights Service

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Total Posts: 211

Joined: 16 June 2010

If an authority were to produce a council tax reduction scheme which did not comply with the prescribed requirements regs can a valuation tribunal find that it is ultra vires and make a decision as if the rules had been made in accordance with the regs or would it require judicial review?

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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Joined: 12 March 2013

JR is the remedy in such cases.  From the LG Finance Act 1992 as amended for CTR:

66 Judicial review.

(1)The matters mentioned in subsection (2) below shall not be questioned except by an application for judicial review.

(2)The matters are—

(ba) a council tax reduction scheme, or any revision of such a scheme