Issue - meetings

Report of the Cabinet Member Corporate Services

RESOLVED THAT

1.    the Council Tax, Housing Benefit and Council Tax Support Penalty and Prosecution Policy be approved (as amended) and adopted.

2.    the Chief Finance Officer be authorised to approve future minor amendments to the Policy in consultation with appropriate Officers, Cabinet Member Corporate Services and One Legal.

The Cabinet Member Corporate Services introduced the report and related Policy which had been drafted on behalf of the Revenues and Benefits Teams within a number of the Gloucestershire Authorities and which replaced the Housing and Council Tax Benefits Sanctions Policy dated March 2010.

He explained that the Policy reflected the position following the introduction of the Council Tax Reduction Scheme (Council Tax Support) which replaced Council Tax Benefit in 2013. In addition it outlined the changes brought about by the creation of the Single Fraud Investigation Service which subsumed the council’s responsibilities for investigating allegations of fraud in relation to Housing Benefit.  The Policy also detailed the options available in relation to abuse of Council Tax discounts and exemptions.

The Cabinet Member explained that the fixed civil penalty of £50 would be applied where there was no evidence of fraud in terms of Housing Benefit and £70 in terms of Council Tax Support where there was no evidence of fraud. The civil penalties appeals process was laid down in section 6.25.

Members proposed that the words “coercive control” be included at paragraph 6.18 (b) to read as follows : Social factors such as domestic violence, coercive control, career or employment impact, childcare etc. This was agreed and the officer concerned that agreeing this addition would not be a problem bearing in mind that this is a Policy shared across multiple organisations.

A Member requested that an element of judgement be exercised by officers and that the Policy be implemented on a fair and equitable basis. The Cabinet Member Corporate Services added that it was recognised that where fraud was suspected but there was not sufficient evidence to support it, or that the overpayment raised was due to negligence or error, the Policy would be sufficiently flexible in wording to enable officers to use their common sense to determine their approach.

RESOLVED THAT

1.    the Council Tax, Housing Benefit and Council Tax Support Penalty and Prosecution Policy be approved (as amended) and adopted.

2.    the Chief Finance Officer be authorised to approve future minor amendments to the Policy in consultation with appropriate Officers, Cabinet Member Corporate Services and One Legal.