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FOI Request - Discretionary Discount - Council Tax

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Angela Wales



Joined: 11 Dec 2005
Posts: 4403
Location: Wales / Cymru

PostPosted: Sun May 19, 2019 5:05 pm    Post subject:
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lintshire County Council Response

Quote:
Please could you tell me whether the Council exercises the discretion in
individual cases rather than adopting a 'blanket policy'. If not, why not?

The Council does not adopt a blanket policy, however, it only considers a
discretionary discount under Section 13 where there is a civil emergency
or a natural disaster. As there have been no such circumstances that
warrant the use of the Section 13 discount, this ultimately means unless
the property is exempt or entitled to a discount under the normal Council
Tax legislation, the property would be subject to Council Tax at the
normal rate for that property.



If applicable, how many cases of discretionary discounts and what amounts
has the Council allowed? Please provide details for the past 10 years or
so.

None



What happens when a property comes under Sec G of the allowances? How does
the Council reach their decisions what examinations do they carry out in
individual cases? Further to the above and just to clarify this: 'What
happens when a property comes under Sec G of the allowances?' Please
explain what evidence is relied upon and how such claims are
treated/processed. What specific documentation or evidence is required
from the applicant with such a property? Sec G is for properties that are
'uninhabitable by law' please cite the law/ legislation that covers a
property being deemed 'uninhabitable' i.e. Health and Safety etc.

If you are referring to the Occupation prohibited by law (Class G)
exemption this is not considered under the Section 13 powers as it is a
Statutory exemption under Section 4 of the Local Government Finance Act
1992, which specifically exempts those properties where occupation is
prohibited by law or kept unoccupied by reason of action taken to prohibit
occupation, or with a view to acquiring it, under powers conferred by an
Act of Parliament.



The Council would need evidence/documentation to show that occupation is
prohibited by law such as a Prohibition Notice.



For those households that feel they should be entitled to a Class G but
have not had it awarded by the Council, an appeal can be submitted to the
Valuation Tribunal for Wales.



I hope this information is helpful to you but if you are dissatisfied with
any aspects of this response, please refer to the Council's FOI Complaints
Procedure below.



Yours sincerely

Yvonne Jones BA
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Angela Wales



Joined: 11 Dec 2005
Posts: 4403
Location: Wales / Cymru

PostPosted: Wed May 22, 2019 3:34 pm    Post subject:
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erthyr Tydfil Council Response

Quote:
Dear Sir/Madam

RE: Freedom Of Information Act 2000 INFORMATION Request

We have considered your request and provide the following information:



Please could you tell me whether the Council exercises the discretion in
individual cases rather than adopting a 'blanket policy'. If not, why not?



The Local Authority exercises its discretion and would treat each case
presented to it upon its own merits.



If applicable, how many cases of discretionary discounts and what amounts
has the Council allowed? Please provide details for the past 10 years or
so.



2018/2019 14 Care Leavers



What happens when a property comes under Sec G of the allowances?

If evidence has been provided to the Council Tax Registration section, a
council tax exemption is awarded and the Council Tax payer is issued with
a revised demand notification. We will liaise with the originating
department to confirm that the order is still appropriate



How does the Council reach their decisions what examinations do they carry
out in individual cases?

We rely on evidence provided to us by the Legal Department, Planning
Department, Environmental Health Department, etc. citing the relevant
legislation. If it meets the criteria for Exemption Class G (an unoccupied
dwelling the occupation of which is prohibited by law, or which is kept
unoccupied by reason of action taken under powers conferred by or under
any Act of Parliament, with a view to prohibiting its occupation or to
acquiring it;) an exemption would be awarded an exemption.



Further to the above and just to clarify this: Please explain what
evidence is relied upon and how such claims are treated/processed.

Email or letter from the originating department stating the property
concerned the date and the relevant legislation.

If evidence has been provided to the Council Tax Registration section, a
council tax exemption is awarded and the Council Tax payer is issued with
a revised demand notification.



What specific documentation or evidence is required from the applicant
with such a property?

Email or letter from the originating department stating the property
concerned the date and the relevant legislation.



Sec G is for properties that are 'uninhabitable by law' please cite the
law/ legislation that covers a property being deemed 'uninhabitable' i.e.
Health and Safety etc.



Housing Act 2004 sections 20 and 21

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Angela Wales



Joined: 11 Dec 2005
Posts: 4403
Location: Wales / Cymru

PostPosted: Tue Jun 04, 2019 12:09 pm    Post subject:
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ardiff Council

https://www.whatdotheyknow.com/request/571318/response/1374025/attach/html/3/FOI13385%20FOI%20Response%20Document.docx.html

Still awaiting a response from Ceredigion Council and Monmouthshire Council so sent a reminder.
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Angela Wales



Joined: 11 Dec 2005
Posts: 4403
Location: Wales / Cymru

PostPosted: Wed Jun 05, 2019 5:37 pm    Post subject:
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Angela Wales



Joined: 11 Dec 2005
Posts: 4403
Location: Wales / Cymru

PostPosted: Fri Jun 07, 2019 11:54 am    Post subject:
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eredigion Council ( incomplete response so asked again)

Please see below the information that you have requested.



1. Please could you tell me whether the Council exercises the
discretion in individual cases rather than adopting a 'blanket policy'.

If not, why not?

Each application is considered individually



2. If applicable, how many cases of discretionary discounts and what
amounts has the Council allowed? Please provide details for the past 10
years or so.



+-------------------------------------------------------------------+
|Year |No |Amount |
|---------------------------+--------------+------------------------|
|2018 |2 |1,446.82 |
|---------------------------+--------------+------------------------|
|2017 | |0 |
|---------------------------+--------------+------------------------|
|2016 | |0 |
|---------------------------+--------------+------------------------|
|2015 | |0 |
|---------------------------+--------------+------------------------|
|2014 |5 |5,126.19 |
|---------------------------+--------------+------------------------|
|2013 | |0 |
|---------------------------+--------------+------------------------|
|2012 |104 |126,330.20 |
|---------------------------+--------------+------------------------|
|2011 | |0 |
|---------------------------+--------------+------------------------|
|2010 | |0 |
|---------------------------+--------------+------------------------|
|2009 | |0 |
+-------------------------------------------------------------------+





3. What happens when a property comes under Sec G of the allowances?

A property under Class G is exempt



4. How does the Council reach their decisions what examinations do they
carry out in individual cases?

Ceredigion County Council request that the applicant to provide evidence
to show that the above criteria is met.



5. Further to the above and just to clarify this:

'What happens when a property comes under Sec G of the
allowances?'

Please explain what evidence is relied upon and how such claims
are treated/processed.

What specific documentation or evidence is required from the
applicant with such a property?

Sec G is for properties that are 'uninhabitable by law' please
cite the law/ legislation that covers a property being deemed
'uninhabitable' i.e. Health and Safety etc.
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Angela Wales



Joined: 11 Dec 2005
Posts: 4403
Location: Wales / Cymru

PostPosted: Thu Jun 13, 2019 12:10 pm    Post subject:
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ad an apology from Monmouthshire Council. Still awaiting their response.
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Angela Wales



Joined: 11 Dec 2005
Posts: 4403
Location: Wales / Cymru

PostPosted: Thu Jun 13, 2019 2:36 pm    Post subject:
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urther details as requested from Ceredigion Council.

[/quote]
Further to the above and just to clarify this:

'What happens when a property comes under Sec G of the
allowances?'

As above Exempt no charge

Please explain what evidence is relied upon and how such claims
are treated/processed.

As above each claim is treated individually on its own merits.

What specific documentation or evidence is required from the
applicant with such a property?

As there is no blanked policy there is no specific list of documents
required, each ratepayer must provide adequate evidence.

Sec G is for properties that are 'uninhabitable by law' please
cite the law/ legislation that covers a property being deemed
'uninhabitable' i.e. Health and Safety etc.

Please find the Council Tax (Exempt Dwellings) Order 1992 attached.

https://www.whatdotheyknow.com/request/571314/response/1382738/attach/3/Class%20G.pdf?cookie_passthrough=1[quote]
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Angela Wales



Joined: 11 Dec 2005
Posts: 4403
Location: Wales / Cymru

PostPosted: Sun Jun 16, 2019 10:27 am    Post subject:
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shall give Monmouthshire Council 2 more working days and then if they don't comply I shall be referring the matter to the ICO.
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Angela Wales



Joined: 11 Dec 2005
Posts: 4403
Location: Wales / Cymru

PostPosted: Mon Jun 17, 2019 10:01 am    Post subject:
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onmouthshire Council

Quote:
The response to your request is as follows:



We operate section 13a on a case by case basis.

We have awarded 3 properties under these provisions with a total
discount of 1905

With regard to exemption class G, we have never had a case of this
nature, but as with all claims each will be assessed on an
individual basis and we will look at any evidence supplied. There
is nothing specific.
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Angela Wales



Joined: 11 Dec 2005
Posts: 4403
Location: Wales / Cymru

PostPosted: Mon Jun 17, 2019 5:06 pm    Post subject:
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lease can this thread be pinned to keep it at the top due to all the interest it has drawn. Thanks.
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