Council tax on a gap year?

[Habel]

Ok so not sure if this is the best place to put this but I know mumsnet is good for advice, so any advice given would be appreciated either way!

i started my degree in September 2021, then typically (but happily!) fell pregnant 2 months after starting. Had my little boy in August 2022 so required a gap year and to suspend my studies for the 22/23 academic year. During this period I was unsure if I would still receive the student discount element to council tax so I did some research and found clear as day on the citizen’s advice website that it says ‘If you suspend your course but remain registered because you intend to go back, you should still be regarded as a student for the purposes of council tax.’ Which you can find under one of the subheadings on this page - https://www.citizensadvice.org.uk/housing/council-tax/student-housing-council-tax/

Looking back, I should of definitely rang the council to ask however I thought as it was citizens advice then it would of been correct. However, it has now came to light to the council that I had that gap year (I was actually the one who told them as I didn’t think I was doing anything wrong!) and they are telling me that I should not of been receiving the discount for that period and they are now charging me a large amount a month to recover what they say I owe, it’s causing me so much stress as I literally cannot afford it. I have contacted citizens advice who backed up what their website said, and have also contacted my University who have said that I am correct and have sent me a exemption certificate for that period.
i have sent this to the council however they are standing their ground in the fact that as I was not at University, even if it was a gap year, then I shouldn’t be entitled to it.
I was just wondering if anyone had anymore information on this? Seems like a bit of a grey area!
Thank you in advance for any advice.

It’s not a grey area for the council. You were not paying course fees for that year. You didn’t go near the uni. Technically you could have worked but you didn’t. So you were not, by any reasonable definition, a student. You just had the uni place remaining open to you. I’m assuming you took benefits and didn’t extend your maintenance loan. It seems a bit of a stretch to say you did anything a student does except have a place. Like anyone else doing a gap year.

@TizerorFizz and I 100% agree with what you are saying, if anything I was surprised when I read that I would still be regarded as a student and would of happily paid had it said I needed too. I didn’t take benefits as my partner was above the pay bracket.
However, why are citizens advice and my University telling me one thing, whilst the council are telling me another?

My council says individual students are not exempt. Your partner was earning. In the same property? Are you in a house of students? You also need a council tax student cert from the uni for that year. Did you have one? It’s a bit difficult to see how as you didn’t attend. There might be an issue in that you weren’t in between courses but it seems difficult if your partner lived with you.

@TizerorFizz Yes we were not fully exempt from paying, but I thought we still received the 25% discount which is what they’re saying we now owe. So my partner was paying as a single person whilst I was suspending my studies. We lived in the same house at the time, don’t currently though for other reasons.

I do have a council tax certificate for that year. I contacted my University who sent me one for the year I was on a break, which they signed and dated for me as they said I should still of been regarded as a student as I was still registered on the course with the intentions of going back. Citizens advice say the same thing.

How much do you actually owe? A year of 25% is a substantial sum but surely in the region of £400-600 rather than £2k plus that I thought it was before you explained. You can negotiate with the council to pay it back in instalments.

Individuals within councils aren't always right- have you tried escalating it?

It's likely if it's in the citizens advice page, and the uni has issued you with an exemtption certificate, that you are in the right. But you probably need to hold out and fight back if you're going to win!! I'd write to your local councillors and also write to the council stating that you want your letter to be treated as a complaint, as this will set their formal complaints process into action (look up what that process is- there will be a system for reviewing and escalating which you should be be able to find on thier website).

@Bobtheamazinggingerdog I am utterly useless at working out what means what on council tax bills I must admit. So I’m guessing it is whatever my normal council tax bill is, + what I owe and that is bringing it up to £370 a month. They have told me that I am unable to do a payment plan with them due to it being a new account and it needs to be paid in instalments over the next 5 months. It’s a new account as when I was in my first year as a student I was disregarded from the council tax bill and so my partner became the sole occupant and it was just his name on the account. I rang them to tell them that my partner has moved out the property and so they started a new account in my name.

@Canyousewcushions Thank you for your response, I haven’t tried escalating it yet as I just wanted to see if anyone thought it was worth escalating! I didn’t want to go down a dead end road if you get me.

Thank you so much for this information, it’s really useful!

The account in your partner’s name would be where they would charge you the 25%

Have you had a bill in joint names for this account?

When did your partner move out?
Did your partner move out whilst you were on your gap year?

If you have informed them late - and your partner moved out months ago - it could be that you now only have 5 months left to pay the council tax bill for 2023-2024 and nothing to do with you being a student or not.

Did you partner say you were a full time student on the form originally?

DC was on a gap year (not paying student fees) but officially still a student.During this time ended up paying council tax.
After months of sending lots of emails, forms, etc (with an unhelpful uni), DC finally got a response from the council tax people that they would refund all paid council tax...

Just got confirmation that the Money has reached my daughter's account today!!

@Habel I used to actually work in council tax in a university town and as you intended to resume your studies you are still on roll at the university and ARE classed as a student and exempt from council tax. I fucking hate it when people wade in with no experience. From my local RG uni website

"Full time students are exempt from Council Tax, even if you are on a period of temporary leave, as long as you are coming back."

So your council tax department is wrong. Have a look on your council website for the list of exemptions (there are ones that apply to property and ones that apply to people) find the student one and there hopefully should be a clause showing the above. The fact that they have received the student exemption certificate for those dates from your university is confirmation enough. Someone hasn't had enough training in your council.

I think you need to stop calling it a gap year because that is usually something taken before you start uni or before you start work. You completed your first year, took a year out and then resumed your studies starting your second year. Ds's mate failed his first year and had this too and he was living in a student house but still on roll at uni and so exempt.

There should be bills with both your names and a full charge if you lived together before you stated uni.

Then when you started your studies the bill has a student exemption applied for you and only your partner's name should be on that bill as you are not liable for council tax.

When he moved out the bill then goes into your sole name with a student discount applied and no charge for you at all.

Escalate it to someone higher up because they are wrong to bill you.

Yeah, many universities call it interrupting a year.
DD problem was also that her university said she was NOT exempt from paying tax so struggled to get a form saying she was still officially enrolled. (It actually says that on their official website they are not exempt...)
When she finally got the form she sent the council the various links ,, incl. the one from citizens advice bureau.
So definitely worth pursuing this.