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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
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Can a local authority demand an entire year's council tax liability

Customer Question

Can a local authority demand an entire year's council tax liability at once in
April and not offer payment instalments to a council taxpayer. Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
Relist: Incomplete answer.
Expert:  Ash replied 1 year ago.
I need to know a bit more please before I give you an answer.
Customer: replied 1 year ago.
Relist: Incomplete answer.
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any reason you think they may not be able to do this?
Customer: replied 1 year ago.

Hello

Yes, a district judge at my local magistrates court told the defendant during an hearing that the local authority can demand an entire year's council tax liability at once in April and not offer payment instalments to a council taxpayer.

Expert:  Jo C. replied 1 year ago.
Yes, that is right.They do generally offer payment in instalments as a matter of policy but they don't have to. The entire payment is due on the first due date.They will generally remove the offer if there have been defaults. If a person is singled out unfairly then I suppose there could be judicial review challenges but, in principle, they are able to do this. Sorry if that is bad news.Can I clarify anything for you? Jo
Customer: replied 1 year ago.

Hello

Many thanks for your response. The DJ was referring to any council taxpayer irrespective of whether they have defaulted on payments or not.

If this is the case, the relevance of regulation 2(5) of the The Council Tax (Demand Notices) (England) (Amendment) Regulations 2012 and regulation 21(1A) of the CT Administration Regulations are immaterial as instalments are at the discretion of the LA. Is this correct? Thank you.

Expert:  Jo C. replied 1 year ago.
Do you mean those regulations here?
http://www.legislation.gov.uk/uksi/2012/3087/pdfs/uksi_20123087_en.pdf
They seem to me to cover discounts.
Customer: replied 1 year ago.

Yes. To be more specific it is regulation 2(5)(c):

After sub-paragraph (c) insert—

“(d) a statement of the procedure by which a person may request to pay their council tax in 12 monthly instalments under regulation 21(1A) of the Administration Regulations (c) and the date by which the request must be received if 12 monthly instalments are to be paid in the relevant year;"

Expert:  Jo C. replied 1 year ago.
This is just a statutory instrument which is secondary legislation anyway but in any event this just seems to demand that they declare their procedure for the requesting of time to pay.
It doesn't seem to me to go far enough to demand that they actually allow payment in instalments.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your time and professional advice.

Expert:  Jo C. replied 1 year ago.
No problem.
All the best.