Issue - meetings

(Finance Portfolio Holder) To consider the attached report.

Mover: Councillor G Mohindra, Finance Portfolio Holder

Councillor G Mohindra submitted a report regarding the Local Council Tax Support Scheme for 2018/19.

Report as first moved ADOPTED

            RESOLVED:

            That the revised Local Council Tax Support Scheme 2018/19 be approved.

(Finance Portfolio Holder) To consider the attached report (C-027-2017/18).

(Finance Portfolio Holder) To consider the attached background paper alongside the main report (C-027-2017/18).

(1)        That the responses to the consultation on the scheme for 2018/19 be noted;

(2)        That the scheme be amended to set six-monthly fixed period assessments for people receiving Universal Credit;

(3)        That the scheme be amended to disregard Bereavement Support Payments in line with other welfare benefits and the Local Council Tax Support scheme for people of pension age;

(4)        That the scheme be amended to allow a decision made by the DWP concerning other benefits to be disregarded when it was clear that their decision was incorrect; and

(5)        That the amended Local Council Tax Support scheme for 2018/19 be recommended to Council for approval.

The Finance Portfolio Holder presented a report on the Local Council Tax Support Scheme for 2018/19.

The Portfolio Holder reminded the Cabinet that, as part of the major changes to the Welfare Benefits system, from 31 March 2013 Council Tax Benefit was replaced by a scheme called Local Council Tax Support (LCTS). The LCTS Scheme had to be reviewed annually by the Council.  A key principle of the scheme was the protection of people who were of an age where they could claim Pension Credit, and the Government had regulations in place to ensure that pensioners continued to receive the same level of assistance as they would have done if the Council Tax Benefit scheme was still in place. The Council could therefore only make amendments to the Local Council Tax Support Scheme for people of working age.

The Portfolio Holder stated that the Pan Essex LCTS project group, comprising of all the billing authorities and the unitary authorities in Essex, was created in January 2012 to devise a modular approach upon which all Essex authorities could base their Local Schemes according to local needs. The precepting authorities of Essex County Council, Essex Fire Authority and Essex Police had been involved from the beginning of the project. The project was managed by the Benefit Managers under guidance from the Essex Finance Officers Association.

The Portfolio Holder reported that on 11 July 2017, the Cabinet had approved the general principle that the Local Council Tax Support Scheme for 2018/19 should aim to be cost neutral for the Council and that public consultation should be undertaken on the following three elements of the Scheme:

            (a)        the introduction of six-month fixed period assessments for recipients            of Universal Credit;

            (b)        the disregard of Bereavement Support Payments to bring the Scheme         in line with other welfare benefits and the Scheme’s eligibility for people of      pension age; and

(c)        to allow a decision made by the Department of Work and Pensions (DWP) concerning other benefits to be disregarded when it was clear that their decision was incorrect.

The Portfolio Holder advised the Cabinet that the consultation on the 2018/19 scheme was undertaken from 18 August 2017 to 27 October 2017. A total of 96 responses was received which, although disappointing, was an improvement on the 58 responses received the previous year, due to the advertising of the Consultation on social media. Overall, the responses received to the Consultation did not highlight any issues to give cause to reconsider the three proposed changes listed above. Following the consultation period, the Scheme now needed to be approved for 2018/19 and the Cabinet was requested to recommend the amended Scheme to the Council for approval.

The Cabinet noted that Uttlesford District Council always achieved a much higher number of responses to their consultation and it was enquired as to the reason for this. The Assistant Director of Resources (Benefits) stated that the consultation undertaken by Uttlesford District Council always coincided with one of their residents’ Newsletters, which seemed to  ...  view the full minutes text for item 85

(Finance Portfolio Holder) To consider the attached report (C-007-2017/18).

(1)       That a public consultation exercise on the Local Council Tax Support Scheme for 2018/19 be undertaken between August and October 2017; and

(2)       That the following elements of the scheme be approved for consultation purposes:

(a)       the acceptance of the general principle that the Local Council Tax Support Scheme for 2017/18 should aim to be cost neutral for the Council;

(b)       to seek views on alternative funding options for the Local Council Tax Support Scheme, if the Scheme is not cost neutral;

(c)       the disregard of Bereavement Support Payment in the calculation in line with other welfare reforms;

(d)       the introduction of technical changes relating to the assessment of Universal Credit income to allow for Local Council Tax Support to be awarded for a fixed period of six months before a review is undertaken; and

(e)       a revision to the scheme in order to prevent an excess Council Tax discount being awarded, that would enable the Council, where appropriate, to decide the income to use in the calculation irrespective of any notification from the Secretary of State for Work and Pensions.

In the absence from the meeting of the Finance Portfolio Holder, Councillor G. Mohindra, the Chairman presented a report on the Council’s Local Council Tax Support Scheme for 2018/19.

The Cabinet was reminded that the Council had adopted its current Local Council Tax Support Scheme in December 2016 and that consideration was now required to be given to the Scheme for 2018/19, in order that it could be approved by the Council in December 2017 and implemented by 31 January 2018. The Chairman reported that it was necessary to undertake annual public consultation on the Scheme prior to its adoption and that, as the Scheme had to be in place by the end of January 2018, it would therefore be necessary for such consultation to be undertaken between August and October 2017. The Cabinet noted that historically there had been a low level of response to consultation on the Scheme and that there appeared to be a general acceptance by most residents that they needed to pay some portion of their annual Council Tax.

The Assistant Director of Resources (Benefits) advised the Cabinet that the consultation exercise would be undertaken by appropriate means to ensure that it was as inclusive as possible. The Director of Resources undertook to ensure that the consultation was unambiguous in its reference to the operation of the Local Council Tax Support Scheme being cost neutral to the Council and that any alternative funding options proposed for the Scheme as a result of the public consultation, should be based on the identification of relevant costs and priorities.

RESOLVED:

(1)       That a public consultation exercise on the Local Council Tax Support Scheme for 2018/19 be undertaken between August and October 2017; and

(2)       That the following elements of the scheme be approved for consultation purposes:

(a)       the acceptance of the general principle that the Scheme should aim to be cost neutral for the Council;

(b)       to seek views on alternative funding options for the Scheme, if it is not cost neutral;

(c)       the disregard of Bereavement Support Payment in the calculation of Local Council Tax Support, in line with other welfare reforms;

(d)       the introduction of technical changes relating to the assessment of Universal Credit income to allow for Local Council Tax Support to be awarded for a fixed period of six months before a review is undertaken; and

(e)       a revision to the Scheme in order to prevent an excess Council Tax discount being awarded, that would enable the Council, where appropriate, to decide the income to use in the calculation of Local Council Tax Support irrespective of any notification from the Secretary of State for Work and Pensions.

Reasons for Decision:

The judgement in the case of R v London Borough of Haringey (29 October 2014) had highlighted the requirement for local authorities to consult on Local Council Tax Support Schemes on an annual basis, regardless of whether it was intended to make changes to a Scheme. The judgement had additionally made it clear  ...  view the full minutes text for item 24