Council tax discount to student and ILR

[tknayak]

I was searching for any recent posts on this topic, but could not find one. Hence creating a new post.

I am on tier1 visa currently with my dependants (wife and 8 year old son). Our visa says "No recourse to public funds".

My wife has been a full time student since Sept 2010. I knew that full time students are eligible to avail discount on council tax (25% in our case, since I am not a student, I am working.), but I never bothered knowing whether we are eligible. Does this discount count as public fund? And if we avail that, is there any impact on my future ILR application (due in Feb 2012).

Please let me know if anyone has real experience or any confirmation from Home Office regarding this.

I know there is a difference between public funds and a discount. In this case this should be considered as a discount rather than a benefit. But I want to be doubly sure.

[adamboston]

I've a similar case, I work full time and my wife is a full time student. This makes me entitled to 25% disregarded person discount. Any such discount or student full council tax exemption doesn't class as public funds.

[tknayak]

I've a similar case, I work full time and my wife is a full time student. This makes me entitled to 25% disregarded person discount. Any such discount or student full council tax exemption doesn't class as public funds.

I have seen similar comments elsewhere. I have also seen people saying that this may be regarded as public funds. Do you have any govt website link which says that or have you got any confirmation from UKBA. Or have you seen anyone availing this discount and finding no difficulty in ILR application. I do not want to take any risk. I do not want to save £1000 now and end up paying £1000s while settling. I want to be 100% sure of this.

[adamboston]

I've a similar case, I work full time and my wife is a full time student. This makes me entitled to 25% disregarded person discount. Any such discount or student full council tax exemption doesn't class as public funds.

I have seen similar comments elsewhere. I have also seen people saying that this may be regarded as public funds. Do you have any govt website link which says that or have you got any confirmation from UKBA. Or have you seen anyone availing this discount and finding no difficulty in ILR application. I do not want to take any risk. I do not want to save £1000 now and end up paying £1000s while settling. I want to be 100% sure of this.

tknayak

You can check the definition of public funds on CPAG website.
Or UKBA Guidance on Public Funds
Also you may want to see this post

And yes dont get confused with Council Tax Benefit and Council Tax Discount/Exemption. They are two whole different things, CT Benefit is the money whcih local council claims from the welfare pot on behalf of the claimant (becasue it is means-tested), where as the Discount and Exemption is given on basis of number or type of people living in your household e.g. single person/adult occupancy, students, carers, severley mentally impaired people, unoccupied properties etc. Local councils do not claim the exemptions or discounts back from a third source, therefore such discounts do not class as public funds. You can earn millions (hope you'll do one day ) and you can still claim discount if you satisfy the conditions.

Council tax benefit is paid against present and clear council tax liability. If you are fully exempted that means you have no liability to pay CT therefore the public fund or benefit in such case is completely irrelevant.

You would only have to pay the discount/exemption back if you do or did not qualify for it in the first place or anymore. Also if you fail to notify the change in your circumstances e.g. someone is moving into your household and you are not the single occupier of the property anymore, you are not student or carer anymore etc.

Hope this is helpful.

[tknayak]

Thanks adamboston. This is very useful.

The UKBA link which is published in 2011 is very clear although it does not mention about Council Tax exemptions/ discounts.

I know people including experts in this forum have discussed this and concluded the same as you explained above. This gives confidence.

[adamboston]

The UKBA link which is published in 2011 is very clear although it does not mention about Council Tax exemptions/ discounts.

The reason it does not mention about the CT discount/exemption because it's not a public fund.

You still qualify for 25% discount if your wife is a FT student and no other person over 18 living in your property. And trust me it wouldn't affect your ILR. I'm applying myself for ILR very soon (on 10 years long residency basis) and my wife is including, along with her FLR(M) application, last two years CT bills which show a 25% disregarded person (student) discount and 75% liability which I pay each month. We don't have children but it doesn't matter as people under 18 are also disregarded.

Good luck with your application mate.

Adam

[tknayak]

Thanks adamboston.

All the best for your ILR application.

[aknc789]

Thanks for your reply. I have same problem.

Could you please confirm have you got your successful ILR/Extension.

please update/reply on this query.

thanks