some advice needed regarding council tax from last year!

[miarosemum]

for the last 3 years, i have worked 16 hours a week, am a single parent of a 4 year old and receive working tax credits, child tax credit and childcare tax credit. i also receive housing benefit towards my private rent and full council tax benefit. my previous council tax bill dated 17 march 2010 for the last year showed that i received full benefit and single occupancy and amount payable for me was £0. my circumstances did not and have not changed apart from the fact i moved into a new property to rent on 1st december 2010. i notified the council of this move as i had moved to a new council, so that my housing benefit etc would stop.

three weeks ago, i had a random email from a company telling me that they were acting on behalf of hounslow council and that i owe them £240 in unpaid council tax!! my bill clearly states my monthly payments are £0 and have been for the last three years. i immediately responded and the man said he would contact the council and get them to investigate. i then get another letter from the council to confirm that i left the property on 1st december 2010, but that i still owed them £240, (£93 of that being costs for summons!!!!). but on the same letter states liability for 2011/2012 even though am not living there! can someone please tell me what is my next cause of action as my previous landlady contacted me tonight to tell me a court letter has come through at the previous address for the unpaid council tax! how ashamed did i feel!

Are you claiming tax credits? (sorry I seem to be bombarding you with questions but I am concerned you aren't getting all you may be entitled to).

If you are on a low income, you may be entitled to council tax benefit which further reduces your council tax bill. This is separate from the single person discount which is open to everyone whatever they earn.

You can claim housing benefit and council tax benefit if you rent your home and have a low income, and just council tax benefit if you own your home. If you look on your council's website it should tell you a number you can call for benefit enquiries and there will be offices hopefully near to you. There is a form to fill in, and you need to give details of your income and you will then get a discount on council tax bill if you are entitled to council tax benefit.

No I am not claiming anything. I am still living in the FMH and the mortgage is still being paid by stbx. He pays money into the joint account we have always had to cover that and a few other things like utilities.

I know it sounds a bit naive but I have never claimed any benefits ever. I lived comfortable middle class life until 7 months ago when I discovered stbx's affair and asked him to leave. Its a long story but I used to work in a business in which he is a 50% partner and I have shares in. The OW now has my job in that business but I am still receiving £500 month income from it. I know I will have to give that up eventually (this amount is what I am legally as in HMRC allowed as a spouse to be paid from it )- he has demanded that I resign" but I have refused to on advice from MN posters and also my solicitor. This should all be negotiated when we go to court but as the application has only been put in recently I understand it might be 16 weeks before the first hearing.

ps Thanks very much for your help

Contact the Council Tax department and tell them that you have separated, they can contact the Council where your stbx is living to see if he is registered for Council Tax there so you wouldn't have to ask him.

As the lovely scaryteacher has pointed out Council Tax determine a "sole and main residence" just because someone chooses forced not to live in a property doesn't mean they are not liable for the CTax. So if your DH lives on a navy ship for 8 months a year he still pays CTax at his marital home.

I also used to work in Council Tax too and we would get bills produced with charges on when the Council Tax Benefits section stopped benefit. When we contact them they would tell us that the person had moved but the person hadn't told us and neither had the benefits section

Just as a point, once your 16 year old reaches 18 then 2 adults reside in the property and the charge goes back up. Obviously if she is a student then you can provide a student exemption certificate (can be obtained from college) and her liability charge is nulled.

I have no idea on the benefits front as I only did Council Tax, totally separate to the Council Tax benefits department. Sorry.

Thanks Fizzylemonade. I'm going to call the Council tax department this morning. Its good to know that they can contact another council like that. It will be interesting to see if he is registered and indeed if he is registered as a sole resident. I have no idea whether OW is living there or not Not that they would tell me I suppose.

Update. I have just discovered I can apply for the reduction on line so I have just done it.

:)
Do find out through the council about council tax benefits and talk tp HMRC about tax credits as well.

I've come to the conclusion that if I could find just 16 hours a week work I would be so much better off. Sounds easy doesnt it? :(

Well, would you believe it? As I said above I applied on line for a reduction and this morning, only the very next day, I have had a lovely email explaining all the credit I am due to date, my new reduced amount and telling me that the credit has already been sent to my account!

Wonderful result and definitely not hassle like mentioned earlier on in this thread. I made sure I sent a reply back thanking the person for being so prompt and efficient.

Presumably your ex had registered at his new address already. If he hadn't, IME they would have wanted an affidavit from the Pope swearing he'd moved out.

I dont know Collaborate but he doesnt live in the same county so they would have had to check with another office. Also I gave them the date he moved out of this house. He didnt move in to his current abode for about a month afterwards and they didnt query dates.

I was speaking to my solicitor this afternoon and told her. She was amazed too.

they just took my word for it when I applied for a single person reduction - I didn't have my ex's address.

The onus is on the council to prove you can't have the discount rather than on you to prove you should have it. They have to make reasonable enquiries to protect public funds but generally speaking, you should be given the benefit of the doubt.

Unfortunately though there are a load of people who lie about the partner moving out so council officers tend to be very stringent when applying discounts.