Not public funds for Immigration purposes?

I had thought that reduction in council tax was considered a public funds item, and so I was not qualified to claim a reduction in the tax due to the other resident in my flat being in full-time higher education.

I've just looked through  https://www.gov.uk/government/publications/public-funds      and it says

Council tax discounts, such as sole occupancy discounts, are not considered public funds for the purposes of the Immigration Rules.

So a council tax reduction is not the same as a council tax discount? And I could claim the 25% reduction for the second occupant of my flat being in full-time education without breaching immigration rules?

I had thought that reduction in council tax was considered a public funds item, and so I was not qualified to claim a reduction in the tax due to the other resident in my flat being in full-time higher education.

I've just looked through  https://www.gov.uk/government/publications/public-funds      and it says

Council tax discounts, such as sole occupancy discounts, are not considered public funds for the purposes of the Immigration Rules.

So a council tax reduction is not the same as a council tax discount? And I could claim the 25% reduction for the second occupant of my flat being in full-time education without breaching immigration rules?

You are not under (UK)  immgration rules, but under EU rules.
25% single person discount is not public funds anyway. Sorry nan, I thought I had said you could get a 25% CT reduction.

Going to answer your other thread later tonight.

Oh, gosh, that's a lot of money. I wonder if I can apply to get it retroactively for last year?  I'll certainly apply for it once the Daughter is formally started in her PhD program.  So she was a student from Sept 2017 - November 2018. 14 months. That'd be a nice chunk-o-change to get back!

Definitely!  I had the 25% reduction when I lived alone.  Every little bit helps!

Oh, gosh, that's a lot of money. I wonder if I can apply to get it retroactively for last year?  I'll certainly apply for it once the Daughter is formally started in her PhD program.  So she was a student from Sept 2017 - November 2018. 14 months. That'd be a nice chunk-o-change to get back!

Ask your council asap in case they have a time limit for that.

 A few years ago I got back over two years, because the council had my house on the wrong tax band. When I contracted the previous owners, they were able to claim back too.

I'm not living alone, though.  She's here with me. But while I did report she lived here when we set up the council tax account, I didn't realize that a discount for her being a full-time student wasn't a public fund. 

I've just sent off to the council to see if we can retroactively get credit for it, and if she accepts the PhD place she's been offered (contingent on funding) I'll be sure to have her register with the council again when she starts back to school.

I'm not living alone, though.  She's here with me. But while I did report she lived here when we set up the council tax account, I didn't realize that a discount for her being a full-time student wasn't a public fund. 

She doesn’t count as a person living there though, because she is a student. Therefore, for the purposes of council tax, I believe you should be considered to be living alone and will qualify for the discount.



Sent from my iPhone using Tapatalk

I'm not living alone, though.  She's here with me. But while I did report she lived here when we set up the council tax account, I didn't realize that a discount for her being a full-time student wasn't a public fund. 

Single person discount is for when only one person in the property is liable for Council Tax.

I've just sent off to the council to see if we can retroactively get credit for it, and if she accepts the PhD place she's been offered (contingent on funding) I'll be sure to have her register with the council again when she starts back to school.

You want the cash, not the credit. You may not get much interest on savings at the moment, but it is yours and not theirs.  Although if there isn't a Brexit, they are talking about 3 bank rate rises this years as Carney said they were holding back the rises because of a Brexit, so that will put the interest rate up on your savings.

Not sure how it works in Scotland, but in England, the person liable for the bill (you) tells the council.

Well, I've looked at the council website and she has to fill out a form, and then have the Uni verify it. And/or go online onto a system that the Uni is supposed to have and click that she wants the credit to apply, and fill out a form, which we send to the council.

Either way, the Uni is going to have to be involved, as is the Daughter. Which is ok, we'll do what needs doing going forward. I've written to the council to ask if we could retro the status back to Sept 2017 through Nov 2018, and we'll see what they say.

and if she accepts the PhD place she's been offered (contingent on funding) I'll be sure to have her register with the council again when she starts back to school.

It should be a run on with the council for 25% single person discount because your daughter must be a student, as that is why her RC was granted. An RC is granted if x condition is met at the time of application, and is given in expectation that this situation will remain or it becomes invalid. I don't know if her RC to be in the UK, will remain valid if she is not a student continually.

This is the problem with her being over age 21: if she were under age 21, then under EU rules your non-EEA citizen child is your dependant.

The rules for those who enter the UK on a Tier 4 Student visa (UK immigration rules) are different to EU rules.

Sorry, run that by me again? We remain within the regulations if she has a period of non-student status. She was not a student when we arrived here - we were here for 4 months prior to her being a student, that period of time being made aware to the authorities in advance. She remains my dependent for RC as she is living with me and I am supporting her. She was my dependent in the USA prior to arrival. She remains my dependent here now under EU rules. Under 18 or student status would be automatic, yes. But otherwise:

Essential needs

You must consider the following:

• does the applicant need financial support to meet their essential needs from the EEA national, their spouse or civil partner
• if the applicant cannot meet their essential living needs without the financial support of the EEA national, they must be considered dependent even if they also receive financial support or income somewhere else

You do not need to consider the reasons why the applicant needs the financial support or whether they are able to support themselves by working.
Essential needs include accommodation, utilities and food. Dependency will normally be shown by financial documents that show money being sent by the sponsor to the applicant.

If the applicant is receiving financial support from the EEA national as well as others, they must show that the support from the EEA national is supporting their essential needs.

The applicant does not need to be dependent on the relevant EEA national to meet all or most of their essential needs. For example, an applicant can still be considered dependent if they receive a pension to cover half of their essential needs and money from the relevant EEA national to cover the other half.

https://www.gov.uk/government/publications/direct-family-members-of-european-economic-area-eea-nationals

Sorry, run that by me again? We remain within the regulations if she has a period of non-student status. She was not a student when we arrived here - we were here for 4 months prior to her being a student, that period of time being made aware to the authorities in advance. She remains my dependent for RC as she is living with me and I am supporting her. She was my dependent in the USA prior to arrival. She remains my dependent here now under EU rules. Under 18 or student status would be automatic, yes. But otherwise:

Essential needs

You must consider the following:

• does the applicant need financial support to meet their essential needs from the EEA national, their spouse or civil partner
• if the applicant cannot meet their essential living needs without the financial support of the EEA national, they must be considered dependent even if they also receive financial support or income somewhere else

You do not need to consider the reasons why the applicant needs the financial support or whether they are able to support themselves by working.
Essential needs include accommodation, utilities and food. Dependency will normally be shown by financial documents that show money being sent by the sponsor to the applicant.

If the applicant is receiving financial support from the EEA national as well as others, they must show that the support from the EEA national is supporting their essential needs.

The applicant does not need to be dependent on the relevant EEA national to meet all or most of their essential needs. For example, an applicant can still be considered dependent if they receive a pension to cover half of their essential needs and money from the relevant EEA national to cover the other half.

I thought she applied because she had a course booked as a student in the UK and therefore she was depenedant on you, and that's why she was granted a Direct Family Member? An over 21 to be dependant as they don't work, is harder to get as they are usually an Extended Family Member. Perhaps you should ask those on immigrationboards, to be sure of what condition she must meet for her RC to be valid? SecretSimon will know this sort of thing.

Isn't this why Germany said they would refuse her under EU rules when you thought about moving there; because she was not your Direct Family Member there and they would refuse her as an Extended Family Member?

I'm comfortable with our/her status, thanks.  She'll be back in study soon (in one place or the other), and we'll deal with the council tax as appropriate.

We applied as she was dependent on me at the time of application, and also she did have a course booked. (No, you are not mis-remembering.   )  Have been over the caselaw and the regulations, and have "opinions" from various competent authorities as to her current status. She remains my dependent, and we are careful that this is the case, between her periods of study.

All of which will come to naught if she doesn't get a fee waiver from the Uni. There is a competing uni sniffing around seriously to try to get her to come there (in Ireland) and she's been told funding would be much more in her favor in Germany. I don't really want to move to Germany....

All I was thinking of was that if there is not a Brexit and she applies for the EU's PR in the UK, they will look at her time in the UK to see if she complied with the terms to have a PRCard.

I don't really want to move to Germany....

What's wrong with Germany? Equal number of Brits working in Germany as there are Germans working in the UK as they have low unemployment too. Their youth unemployment must the best in the EU as it is only about 3%. They have a better healthcare system than the UK's NHS because they pay more taxes and pay a fee for healthcare every month. It's a beautiful country.

What's wrong with Germany?

It's not Scotland!