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CTR (England) and Minimum Local Residence Requirements : Any challenges?
This year two LAs (Sandwell MBC and Tendring DC) have set minimum residence requirements. (With some exceptions) Sandwell require 2 years residence and Tendring need 5 residence (albeit with wider exceptions). So if you move to those areas (e.g. in search of work) you might not get any CTR.
This is bad enough but now, perhaps predictably, a number of other authorities are looking introducing similar restrictions to CTR for 2014/15.
Is anyone aware of any legal challenges to these policies?
This year two LAs (Sandwell MBC and Tendring DC) have set minimum residence requirements. (With some exceptions) Sandwell require 2 years residence and Tendring need 5 residence (albeit with wider exceptions). So if you move to those areas (e.g. in search of work) you might not get any CTR.
This is bad enough but now, perhaps predictably, a number of other authorities are looking introducing similar restrictions to CTR for 2014/15.
Is anyone aware of any legal challenges to these policies?
Dear Jon, I was just coming to post the very same (some months on)
Client of mine, a carer on CA, Income Support, two children, one of whom gets HR DLA and LR Care moved into Tendring and is now paying full Council Tax (minus the 25% sole adult reduction)
I was truly taken aback at her telling me this as I have seen or heard nothing about these residence policies.
I too would be very interested to know of any other councils operating such an approach and of any challenges/policy work being done.
I am aware of one case going to VT (not my Authority which has no such residency policy).
In that case the VT found in favour of the applicant but only on the basis that the Council’s policy did not specify that the two years residence had to be immediately preceding the application for CTR.
The applicant had a total of more than two years residence in that LA area over the course of his life and was therefore found not to be excluded.
Jeff
Thank you very much both. I’m very pleased ot see that a JR is underway
A colleague has just let me know that Basildon have a 7 yr residence condition. I’ve had a quick look and can’t see any exemption information on their website.
Yes, looks like they do have a 7 year residency test.
New Council Tax Support customers may have to undergo a residency test where they will need to show that they have been resident in the Basildon borough for at least 7 years immediately prior to making the claim. - See more at: http://www.basildon.gov.uk/index.aspx?articleid=4474#sthash.wIG2lWe3.dpuf
In addition to the other problems with this, in Basildon’s case if you click through to the actual local rules as enacted it is most unclear whether their ‘policy’ is effectively incorporated into the criteria for entitlement.
Policy statement
In accordance with the Local Government Finance Act Oct 2012 Basildon Borough Council (BBC) will adopt a Residency (occupation) requirement to qualify for Local Council Tax Support (LCTS) within Basildon BoroughCouncil’s jurisdiction.
If I were a Tribunal judge I would consider that to be a statement of future intention, rather than something that presently limits anyone’s entitlement.
Dear Jon, I was just coming to post the very same (some months on)
Client of mine, a carer on CA, Income Support, two children, one of whom gets HR DLA and LR Care moved into Tendring and is now paying full Council Tax (minus the 25% sole adult reduction)I was truly taken aback at her telling me this as I have seen or heard nothing about these residence policies.
I too would be very interested to know of any other councils operating such an approach and of any challenges/policy work being done.
It is just those three LAs: Sandwell and Tendring (both from 2013) and Basildon (from 2014).
Re your client - Tendring’s residence rules are on this page -
http://www.tendringdc.gov.uk/council-tax/local-council-tax-support-changes-april-2013
They include “... 5.Exemptions from this policy
a) Physically and / or mentally unable to work.
Those who are in receipt of Personal Independence Payment.
Those in receipt of Disability Living Allowance receiving Care Component and / or Mobility Component.
Those in receipt of Employment Support Allowance award classification is ‘Support Group’.
Those in receipt of Incapacity Benefit higher rate and / or long-term rate ...”
They don’t specify who needs to be in receipt of the DLA so maybe go for the exemption on the basis of the child’s DLA? (If that doesn’t work it seems an obvious case for S13A(1)(c) / discretionary hardship).
They include “... 5.Exemptions from this policy
a) Physically and / or mentally unable to work.
Those who are in receipt of Personal Independence Payment.
Those in receipt of Disability Living Allowance receiving Care Component and / or Mobility Component.
Those in receipt of Employment Support Allowance award classification is ‘Support Group’.
Those in receipt of Incapacity Benefit higher rate and / or long-term rate ...”
Interestingly, this exact wording appears in both Tendring’s and Basildon’s schemes, even down to the grammatical error in the line about ESA.