Councils can waive Council Tax if people left without 'reasonable' amount to live on

As odium descends on Brent Council over its Council Tax summonses and a recent attempted eviction, Sarah Cox has circulated some useful advice from Tax Payers Against Poverty LINK

Councils can exercise discretion to waive Council Tax payments if people would be left without a 'reasonable' amount to live on - but Councils don't appear to tell the people affected that this is the case. Full details are on the website above but here are the main points:

The Council will not tell you:

1. That they have the discretion to write off the tax for vulnerable and impoverished people  under clause 10 (1) 13A (1) of the Local Government Finance Act 2012. It is necessary for the council tax benefit claimant to write a letter to the council setting out their financial circumstances, all debts, and all relevant information such  as health/disability. Payment of the bedroom tax, rent due to the overall benefit tax and the rent due to the housing benefit tax would be relevant.

2. That the bottom line is the income left after rent and council tax needed for food,  fuel, clothes, transport and other necessities; that has to be a reasonable amount if councils (and jobcentres) abide by the Wednesbury Principles as required by law and endorsed by coalition ministers.

3.That page 9 of the National Standards for Enforcement Agents, published by the Ministry of Justice in 2012,  sets out a procedure for bailiffs to return vulnerable cases from the door step to all creditors, including councils for council tax and courts for fines. A change of circumstances since the debt, fine or council tax arrears were incurred is another reason for applying page 9 procedure.