Council Tax Question

[Joe3474]

My spouse will be joining me in the next few weeks after winning an appeal.

My question is regarding Council Tax. As I claim ESA benefit plus I receive the 25% discount for single person, I do not currently pay Council Tax. I recently called my local council office to inquire about the change. I was told that I would loose the 25% discount & once my spouse starts work, then council tax would have to be paid.

But, having researched, I read that people that do not count & are disregarded towards a Council tax bill is

''A spouse, civil partner or dependant of a student (who is a non-British citizen) who is not allowed under immigration rules to claim benefit or work in the UK.''

I queried this with my local Council Office, but they had no idea and would not give me a definite answer.

If anybody has any experience with this, I would be most grateful for any help.

Kind Regards

[JB007]

But, having researched, I read that people that do not count & are disregarded towards a Council tax bill is

''A spouse, civil partner or dependant of a student (who is a non-British citizen) who is not allowed under immigration rules to claim benefit or work in the UK.''

I queried this with my local Council Office, but they had no idea and would not give me a definite answer.

There are two different things here. Single person discount (if you are the only person in the household liable for Council Tax) is not a Public Fund. Council Tax reduction (used to be called Council Tax benefit) is a Public Fund

I read your quote as being for dependants of non-British students in the the UK. Students are not counted as being liable for Council Tax and it reads that if they internationl students, then their spouse, partner, dependants, are not liable for council tax either.

For British students, their partner, spouse, dependants are liable to pay Council Tax. They can claim the 25% single person discount if their British student spouse, partner, is the only ther person in the house who is liable for Council Tax. but they cannot take Public Funds.

As you have been claiming single person discount, then you are laible for Council Tax and are not a student anyway. You lose your 25% single person discount when your wife moves into your household. But for Public Funds (Council Tax Reduction) that your wife must not take, wait to see what Amber has to say about how your Council Tax bill must be calculated to ensure your wife does not take Public Funds.





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[Joe3474]

Thanks JB007 for the reply.

I mis-read the council tax guide. I read it as ' a spouse, partner 'OR A' student ' but the guide says spouse or partner 'OF A' student.

As I said, i currently don't pay ANY council tax because I'm in receipt of ESA.
My council tax is £1275. I get a 25% discount of £318 and a further £956 discount for being on ESA.

So my next question would be, would i have to pay the full council tax, even though Im on ESA and my partner cannot work for 6 months.

Many thanks, again for the response

[JB007]

So my next question would be, would i have to pay the full council tax, even though Im on ESA and my partner cannot work for 6 months.

In your opening post you called them your spouse. Those on a spouse visa can work and can use the NHS without charge- it's those on a fiance visa who cannot work until they are granted FLR(M) and who need to buy private health insurance to cover any NHS bills, until they are granted FLR(M).

So my next question would be, would i have to pay the full council tax, even though Im on ESA and my partner cannot work for 6 months.

Each council now decides how much each Council Tax bill is and who pays (unless the govenmnet have ruled out certain people having to pay). Your council will decide what your partner must pay, even of they are on a fiance visa.

However, councils are not immigration experts and your partner must not take Public Funds and Council Tax Reduction/Council Tax Benefit, are Public Funds. Poster Amber might know how to calculate what your partner must pay to avoid a breach of their visa.
This is the UKVI guidance for their staff on what action to take if somebody has taken Public Funds.
https://www.gov.uk/government/publications/public-funds

If you are on income based ESA, you will need to advise them too when your partner moves in.
https://www.gov.uk/employment-support-a ... cumstances

The same with ony other income based benefits you are claiming - you must advise each benefit agency that deals with any benefit your are claiming, of any changes in your circumstances.

[Joe3474]

Sorry my confusion, my partner is entering on a fiancee visa, has to pay NHS Surcharge and no employment can be taken until the FLR is issued (6months), apologies, this is all new and confusing to me.

Thanks for the advice and the links, most helpful. I guess i will just tell the DWL & Council at the time and let them calculate it. Hope Amber can shed some light to what my partner should pay as my main concern is that they don't have access to public funds unknowingly.

Thanks again

[CR001]

Sorry my confusion, my partner is entering on a fiancee visa, has to pay NHS Surcharge and no employment can be taken until the FLR is issued (6months), apologies, this is all new and confusing to me.

Thanks for the advice and the links, most helpful. I guess i will just tell the DWL & Council at the time and let them calculate it. Hope Amber can shed some light to what my partner should pay as my main concern is that they don't have access to public funds unknowingly.

Thanks again

IHS is NOT payable for a 6 month fiance visa.

[Joe3474]

Apologies, I meant the IHS will have to paid when we apply for the 2.5yr FLR visa after getting married. The visa my partner has just been granted is only for 6 months allowing us to get married, so we can then apply for the FLR and then pay the IHS

[JB007]

I guess i will just tell the DWL & Council at the time and let them calculate it. Hope Amber can shed some light to what my partner should pay as my main concern is that they don't have access to public funds unknowingly.

You can read about that from page 48 on the UKVI staff link I gave above. Here it is again
https://assets.publishing.service.gov.u ... 4.0ext.pdf

Don't add your partner to your ESA claim either as that is a Public Fund too. Savings, property in any country, capital that your partner has, will be used to calculate your income based benefits, so don't forget to tell the benefits agencies this change too.

Citizens from certain countries are allowed to claim some Public Funds and those countries and which benefits they can claim, are also in this link

[Joe3474]

Thanks again JB007, my partner wishes to work, but i will make sure there is no mistake when we inform the DWP that my partner wont be added to my ESA claim or council tax reduction.

The link you provided is most helpful, thanks again

[Joe3474]

P.S I forgot to add, the only concern I had was Council Tax.

At the moment, because im in recipet of ESA, i dont pay Council Tax. When my partner starts to work part time, they may will most probably start charging me Council Tax but at a reduced rate because my partner only works 16 hours. Im hoping my Council Tax reduction wont go against my partner for having resource to public funds. But I cant see any other way around it. Either they give me a reduced rate because they only work 16 hours, charge me full or nothing at all, bearing in mind I'm still in receipt of ESA.

[Amber]

For work age claimants you generally have to pay some council tax (each council makes its own decision, usually min. 20% contribution).

I assume you are receiving PIP and are exempt from the Financial Requirement under appendix FM?

You will lose the single person discount on council tax liability.

Are you receiving HB?

Means-tested benefits have to be couple claims, or a partner added, but the calculation based on a single person applicant.

[JB007]

my partner only works 16 hours.

They can't work on a fiance visa, but why won't your partner be working full time when they get FLR(M)?

[Joe3474]

Hi Amber, thanks for the response.

Yes I'm currently in receipt of PIP.
I understand that I have to notify the Council Office & DWP, but surely I would be exempt from paying Council Tax as my partner cannot work (for first 6 months) or access public funds? Also, would it affect my ESA payment as my partner wont be earning anything until they get the FLR.

JB007; as I am in receipt of a Income based benefit, ESA, my partners earning will have an affect on my ESA payment (I think). The more they earn, the more they will take from me. As Amber said, it will be a couple claim, although the calculation is based on a single person applicant.

[JB007]

JB007; as I am in receipt of a Income based benefit, ESA, my partners earning will have an affect on my ESA payment (I think).

Yes, all their earnings, capital etc will affect all your means tested benefits.

The more they earn, the more they will take from me. As Amber said, it will be a couple claim, although the calculation is based on a single person applicant.

Have you played around on the benefits calculators to see how you will be financailly better off with your partner working? They won't pay tax on their first £12,500. Not sure if that allowance is rising in April.

[Joe3474]

Ive tried quite a few benefit calculators but they don't include me to enter somebody that is under immigration rules / non uk citizen. The calculators are basic.

My partner will be joining me within next few weeks, I will just notify the authorities and let them calculate it out.
Thanks for the advice and suggestions JB

[Amber]

You may be better off on UC, as you will lose the Severe Disability Premium on IR-ESA, when your spouse moves in, UC is generally more favourable when you have a partner who isn’t disabled and works.

I suggest contact Citizens Advice, help to claim, requesting a benefits check:

England: 0800 144 8 444

England textphone: 18001 0800 144 8 444

Wales: 08000 241 220

Wales textphone: 18001 08000 241 220

Scotland: 0800 023 2581

[Joe3474]

Thank you Amber, I was thinking along those lines.

Thanks again for you’re help and advice, everyone