Local authority refusal of council tax support to a claimant with EU settled status

Use this template if all the following apply

• Your client has EU settled status
• Your client has applied to their local authority for council tax support and this has been refused because they are 'not in Great Britain'

The main legal arguments in this template are:

1. Under s.13A(2) of the LGFA 1992, every local authority must set up a Council Tax Support (CTS) Scheme.
2. Under para 2(8) and (9)(b) of sch 1A LGFA 1992, the Secretary of State (ie not individual authorities) may prescribe classes of people who must, or must not, be included in the authority’s scheme.
3. Part 2 of the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012 (CTR Regs) prescribes those classes.
4. Reg. 12 (3) CTR Regs provides a claimant must have a right to reside.
5. Under regulation 12(4) and 12(4A) CTR Regs, certain rights of residence are specifically excluded for the purpose of reg. 12(3).
6. The claimant has indefinite leave to remain in the UK (also known as settled status) under Appendix EU to the Immigration Rules. This type of leave to remain is not excluded by reg. 12(4) or 12(4A) and therefore gives rise to a right to reside, meeting the condition in reg. 12(3) and the claimant is eligible for CTS. 

Information about your client

• name
• address
• national insurance number (NINO)
• date of birth
• nationality
• CTR reference number (if applicable)

Background facts

Such as:

• the date your client moved to the UK
• family, work and health details
• whether your client is in receipt of any DWP benefits (ie, which require a right to reside)
• the date your client was granted EU settled status, how and when this has been evidenced to the local authority
• the date and how your client claimed CTS
• the consequences of non-payment of CTS on your client

Information relating to the decision

• how and when the local authority responded
• details of any further contact with the local authority and any steps taken to resolve the issue

We've created this guide to help you successfully use our judicial review pre-action letter templates: Guide to using CPAG's judicial review pre-action letter templates

Once you've finished your letter, please email it to us at: [email protected] before you send it to the lawyers acting for DWP/HMRC/your local authority. We'll try to reply as quickly as possible and will do so within 7 days.