Council tax

Discussion in 'Army Reserve' started by Hescoheed, Aug 10, 2006.

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  1. Thought that some of you may be interested in this piece I found in the
    Torygraph today.

    "TA Medic wins council tax case

    A medic in the TA has won a 3 year legal battle after refusing to pay
    council tax whilst serving in Iraq.
    Ian Boynton, 39, refused to pay while serving during the 2003 Gulf war after discovering that his council tax benefit would be stopped.

    Magistrates at Beverley, East Yorks, quashed the demand for £230 in arrears yesterday because local authorities now had discretionary powers to allow TA soldiers serving abroad a discount on their council tax"

    Anyone due any money back?

    I know its only discretionary but if enough noise is made I am sure that some decent person in the council will see sense..........ummm

    Does anyone know if the regs get the same consideration? I would have hoped so.
  2. Good post Hescohead - enquired with the local council about their' position on this and was told to pizz off (albeit worded slightly differently). Must write again.
  3. My council said something similar when I was deployed and so I gave up the tenancy on the flat, saved myself a bundle and moved in to a better place when I got back.

    I think a letter to the mayor and the local MP explaining that if they didn't have support from the TA guys during CCRF exercises/the real thing they'd be truely stuffed. Ummm I feel a long letter coming on!
  4. And now a word from my line manager......benefit would have been stopped due to the level of earnings at the time. Discount has always been available if proof can be provided (either in the form of payslips or a letter from a Commanding Officer) to confirm that local taxes are being paid. That's certainly the case with our local council, as I have enquired about this on two or three occasions whilst my husband was serving in Bosnia & Iraq. The only difficulty was trying to prove it, as trying to get him to send his payslips home & for the payslips to be clear enough to show taxes being paid. They would need to have a back up letter & this is not readily available in this situation. As far as I am aware, there is no time limit for claiming the there!
  5. When I enquired about this on mobilisation I was told that normally a 50% discount was available if prop was unoccupied for 6 months+ BUT only if it was totally unfurnished. Also some mumbling about those in the Armed Forces not being eligible due to the fact they could come home during leave......

    Trying to get any sort of money out of a local Council is probably harder than getting blood out of a stone!
  6. Regulation 13A Local Government Finance Act 1992. Local Authorities have the discretion to reduce a bill payers liability to nil, there are no criteria to meet unless the Local Authority has its own procedures. Anybody can ask. Not many people know about it at all.

    The text of said regulation:
    Get on to them, but obviously ask nicely. I imagine the monkey at the end of the phone won't have heard of the regulation so push it. The regulation was inserted by clause 76 of the Local Government Act 2003. It is used at the discretion of the council hence why you should ask very nicely.

    Some councils might have a blanket policy of "no" although I imagine that could be challenged in the courts if it hasn't already. So don't give up. Grips me when servicemen are given short thrift with this kind of thing.
  7. 50% of a council tax liability is on the property, the other 50% is for two people living there. Thats why a single occupier gets 25% "off" and why some empty houses get 50% "off".
  8. It make me sick when I see this happening to our troops. I think it is a disgrace that he had to fight for this in court .

    I do not think our forces should pay income tax whilst on active service.
  9. Total disgrace. The Council should have used its discretion, unless of course the bill is pre 2004 or so since before then Regulation 13A didn't exist and council would be acting illegally if they waived that soldiers liability.

    Regulation 13A came in for precisely this kind of thing. It gives councils the ability to grant reductions outside of the normal discounts and exemptions which have always existed. Its getting the tight fisted f[]uckers to open their wallets thats the hard part.

    But don't let anybody tell you they can't reduce your bill. If your flush it wouldn't be reasonable to, but if you're struggling, or your on ops or the other half is then I think it would be worthwhile making representations. This court case may well have set a precedent.
  10. the_boy_syrup

    the_boy_syrup LE Book Reviewer

    I went through this with the city of York council
    I went on Telic 4 and the property was sat empty :However :

    According to the council if you are TA and you deploy on OP's your property is classed as your main residence regardless whether you are living there or not!

    quote '' If we can see furniture through the windows it can be lived in''

    They also stressed the leave aspect and I belive that you have to stay out the country for 6 months and a day to get out of council tax but we come back on 14 days R and R.

    This according to the girl in York council was done on the orders of Prescott who was busy dodging the tax on his 3 houses btu didn;t want TA ducking council tax

    I hung out arguing the ''goverment sent me I didn't ask to go'' case but to know avail

    It was solved when I got a copy of a letter they had sent to my employer arresting my wages

    So for two months my wages where £350 short and for 1 month £200 short end of chat

    I really don't think its fair had I been sent to prison for kiddie fiddling I would have qualified for a reduction.

    :x :x :x
  11. Court cases have decided that time spent away from your home doesn't matter if thats the place you go back to when your done with whatever jolly your on. You could be gone for 86 years but if your missus lives there and your golf clubs are there and you come home for leave etc its still considered your home. Most councils enjoy pointing this out.

    Not heard of the six months and one day stuff. Perchance you were speaking to a low paid clerk who doesn't give a shite or I might be wrong - it happens.