Agenda item

Council Tax and Housing Benefits - Application of Civil Penalties

Decision:

The Executive RESOLVED that

 

    (i)          the adoption of the policy for imposing Council Tax and Housing Benefit Civil Penalties, as set out at Annex A to the agenda report, be agreed in principle;

 

   (ii)          the finalisation of the wording of the policy be delegated to the Executive Head of Finance following consultation with the Citizens Advice Bureau and Frontline; and

 

  (iii)          a report on the application of the policy be brought to the Executive following a year of its operation.

 

Minutes:

The Executive considered a report requesting the introduction of a policy for imposing Council Tax and Housing Benefit civil penalties.

 

Members were informed that legislation allowed for civil penalties to be imposed for failing to give accurate information or for failing to advise of a change in circumstances in relation to any Council Tax discount, exemption or Council Tax Reduction Scheme. It also allowed for civil penalties to be imposed in relation to Housing Benefit where a person had been negligent in the information they had provided, or where a person has failed without reasonable excuse to inform the Council about a change in their circumstances. There was, however, currently no legislative provision for penalties to be applied in respect of Business Rates.

 

The introduction of the civil penalties was intended to provide an incentive for people to provide accurate and timely information which would ensure that they pay the correct amount of Council Tax and receive the correct level of support or Housing Benefit.

 

The Executive was informed that before imposing a civil penalty, consideration would be given as to whether a person was considered to be vulnerable and therefore whether a civil penalty was appropriate.

 

Whilst it was emphasised that penalties would only be imposed in cases of intent, concerns were expressed that some of the wording in the policy could be open to interpretation and it was suggested that the Citizens Advice Bureau (CAB) and Frontline should be consulted before its adoption. It was therefore agreed to authorise the Executive Head of Finance to finalise the wording following consultation with the CAB and Frontline and thereafter implement the Policy.

 

RESOLVED that

 

                               (i)          the adoption of the policy for imposing Council Tax and Housing Benefit Civil Penalties, as set out at Annex A to the agenda report, be agreed in principle;

 

                              (ii)          the finalisation of the wording of the policy be delegated to the Executive Head of Finance following consultation with the Citizens Advice Bureau and Frontline; and

 

                            (iii)          a report on the application of the policy be brought to the Executive following a year of its operation.

 

 

Supporting documents: