What happens if I cannot afford
to pay or I’m receiving benefits?
Under the Letters section of our
secure Downloads area you will be
see that we have provided a letter that can be adapted for your
own personal needs which can be sent to your local authority to
inform them that you are unable to pay the debt outstanding, and
requesting that the case be returned immediately from the bailiffs,
with affordable repayments being made to the council instead. As we have said on the previous page, if possible, you should approach the council before the debt is passed to the bailiff company.
If you are receiving Council Tax Benefit or other qualifying
benefits, and a Liability Order has been obtained against you
for arrears from a previous year….the local authority can
consider backdating your claim by one year. You should contact them immediately
for the relevant forms as this may avoid your account being sent to bailiffs.
I am receiving benefits and cannot afford to pay my Council Tax arrears.
If you are receiving Income Support, it is vitally important
that you contact your local authority without delay. This is because
they can apply for deductions to be made at a nominal rate from
your benefits to pay towards your arrears of Council Tax. The
amount of deduction is set by law at £2.90
per week for a single debtor and £4.55
per week for a couple. This amount is irrespective of what you owe. In the Letters section
of our Downloads area you will see
that we have provided a template letter that can be adapted to suit
your personal needs and which can be sent to the Local Authority. The relevant
Statutory Regulation is as follows:
• Council Tax (Deductions from Income Support) Regulations
1993 S.I. 1993/494.
If payments are being deducted from your Benefits, under Regulation
52 of The Council Tax (Administration & Enforcement) Regulations
1992, it expressly prohibits any enforcement
action when deductions are being made from Income Support for
a Council Tax Liability Order.
I receive Pension Credit and cannot afford my Council Tax arrears.
From 6th October 2003, anyone in receipt of Pension Credit may
also apply for Council Tax to be deducted at nominal rate of £2.80
per week.
As above, in the Letters section of
our Downloads area we have provided
a letter that can be adapted by you to send to the local authority.
Please note that if deductions are agreed from your Pension Credit,
all bailiff action must
cease.The relevant
Statutory Regulation is as follows:
• The State Pension Credit (Consequential, Transitional
and Miscellaneous Provisions) Regulations 2002 – S.I.2002/3019
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