Council Tax For Thai Wife?

[cowman1]

Hello. My wife was granted a settlement visa and we have been in the uk now for about 3 weeks. I am going to be studying for a year, so therefore I am not required to pay council tax. However, do we still have to pay because my wife is living with me in the same house? The thing is, we have a small child and he will need looking after, in between nursery sessions. If my wife was unemployed ( and English) I think she would not need to pay, but part of the terms of the visa state that she cannot claim public funds.I have no intention of doing this, but I am a bit unsure where we stand regarding council tax.

When we applied for the visa, we used my parents as sponsors and state we were staying with them, which we did for a while. However, we have now moved into a small house as it was getting a bit claustrophobic!

Thanks if anyone can offer any advice.

[7by7]

From Students and Council Tax

If you live in with someone who’s not a full-time student

Council Tax is charged per ‘dwelling’ or household, and each household gets a single Council Tax bill.

If there’s someone in the household who’s not a full-time student the household will get a bill, but may qualify for a discount on the full amount.

So you will have to pay, but will probably get a discount. As far as I'm aware this discount is not a proscribed public fund.

I suggest that you contact your local council for the full details.

[Mercury]

My understanding is that Council Tax Benefit is a means tested benefit, unrelated to any work related benefits claim. If the OP were unemployed, he would qualify for a 2 bed LHA and Housing Benefit / LHA which would include full Council Tax Benefit.

Similarly, if the OP were on a low wage, it would be his income, not his entitlement to benefits, which dictated the amount of Council Tax Benefit he could claim. As a student, he may be able to claim Housing Benefit as well but levels of grant, the type of course etc. would all need to be taken into account.

Where there is a grey area, perhaps not legally but certainly on the standardised claim forms, is the issue of having a partner. He does have a partner but that partner is not relevant to many claims (Tax Credits) and is unable to join in some claims, such as Child Benefit. I would advise the OP to investigate how he wishes to put forward his claim, though finding a way to declare a partner whilst not confusing the paper shufflers in local government is going to be the easiest way.

[phomthai]

Some useful links

http://www.direct.go...Tax/DG_10037422

http://www.communiti...ent/pdf/1198171

The pdf takes some reading but I think it answers your questions. Chances are you're liable as a "resident" under section 1. Who has to pay the council tax? but reckon you'll be entitled to a discount

Page 8 is probably the crucial bit for you..."To find out if a discount may apply to your home, you should count the number of adults who live there as their main home, but who are not in one of the special groups. If you are left with two or more people, there will be no discount. If there is one person, your bill will be reduced by a quarter. If you are left with no-one, your bill will usually be reduced by a half."

Page 9 "You will not be counted if you are a student (or an overseas student) on a full-time or qualifying course of education." - so guess that's you...then it goes on to say "You will not be counted if you are the spouse, civil partner or dependant of a student, are not a British Citizen, and are prevented by the terms of your permission to be in the UK either from taking paid employment or from claiming benefits." so guess that's your wife, though I'm not sure if this part applies only to "Full time students"....

I'm no expert but looks like you could argue that "you are left with no-one, your bill will usually be reduced by a half."

But best check with your local council....

Edited September 1, 2010 by phomthai

[cowman1]

Ok. Thanks for all the advice!

[wilai]

The bad news is that the "spouse" disregard only applies where the student him/herself is from abroad. I assume you are a UK citizen and therefore your wife will not qualify if this is the case. YOU will be disregarded for Ctax purposes and therefore can claim a 25% discount but If you were a foreign student, you would get 100% exemption. Good old UK!

As stated earlier in the thread, best bet is to contact your local council but don't take an initial no for an answer - most customer services staff know little about Revenues & Benefits Legislation. Ask to speak to an experienced benefits officer as It may be worth looking into something called 2nd Adult Rebate.

Normally this benefit is paid up to a maximum of 25% but as you would get this much as a discount, you would not normally qualify. However, where a student is concerned, I am pretty sure that 2AR can be paid to cover 100% of liability. What is more is that you as the liable person, and not your wife, would be the claimant and you are entitled to public funds - albeit based on the 2nd adult's income. The only problem is that your partner may not be allowed to be considered as a second adult as it normally applies to non-dependants. A benefits officer should be able to advise in detail.

Another idea may be to enrol the missus on an English course. Most colleges will supply certificates confirming full time courses even if the hours spent at the college are less than the 21 hrs required by Council Tax. You could possibly fit her hours of tuition around your own to cover child care (I don't know (m)any students who do 40 hr weeks!!! ) This will mean you are both classed as students for Ctax purposes and will qualify for a full exemption.

Good Luck

Edited September 2, 2010 by wilai

[wilai]

To update the last post, I have spoken with a benefits officer and the following may be the best way forward.

If your wife is allowed to work she should apply for a National Insurance number (if she has not done so already).

Once she does this, you can make a claim for Main Council Tax Benefit and she will then be treated as your partner for the purposes of the claim. Depending on your household income (you do not mention if you are working as well as studying) you may receive Council Tax Benefit to cover the remaining 75% liability once your own discount has been taken into account. If you are a tenant, you may also receive assistance with your rent.

Hope this helps

[cowman1]

To update the last post, I have spoken with a benefits officer and the following may be the best way forward.

If your wife is allowed to work she should apply for a National Insurance number (if she has not done so already).

Once she does this, you can make a claim for Main Council Tax Benefit and she will then be treated as your partner for the purposes of the claim. Depending on your household income (you do not mention if you are working as well as studying) you may receive Council Tax Benefit to cover the remaining 75% liability once your own discount has been taken into account. If you are a tenant, you may also receive assistance with your rent.

Hope this helps

Hello. Thank you very much for looking into this for me. Sadly, I don't think I will have time to work as it's quite an intensive course. My wife is wating for her NI card (we have just sent the paperwork back), so as soon as it comes through I will look into this further.

Thanks again.

[wilai]

From what I was told, if you are not working and therefore have no income other than student grant etc, you should be nailed on once she gets her National Insurance number!! You should put your claim in asap for Housing/Council Tax Benefit and where it asks for the NINO, state applied for. If successful, your claim is valid from the date of application. If you wait until you get the NINO you may lose out on a few weeks/months!!