Council Tax exemption information
A part time repeating / intercalating (temporarily withdrawn) / placement student, should be regarded as a student for Council Tax purposes by virtue of the definition of student, as provided by article 4, paragraph 3 and 4 of Schedule 1 to the Council Tax (Discount Disregards) Order 1992, as amended by the Council Tax (Discount Disregards) order 1996.
Article 4 provides that student means a person who is to be regarded as (among other things) a person undertaking a full time course of education, as according to paragraph 3 and of Schedule 1 to the Order.
Paragraph 4 of Schedule 1 to the Council Tax (Discount Disregards) Order 1992 defines full time study as:
A full time course of education is:
a) Which subsists of at least one academic year of the educational establishments concerned or, in the case of an educational establishment which does not have academic years, for at least one calendar year.
b) Which persons undertaking it are normally required by the educational establishment concerned to attend (whether at premises of the establishment or otherwise) for periods of at least 24 weeks in each academic year or calendar year…during which it subsists
c) The nature of which is such that a person undertaking it would normally require to undertake periods of study, tuition or work experience which together amount in each academic year to an average of 21 hours a week during the periods of attendance mentioned in (b) in the year.
The University will normally state whether or not your course is full time or part time.
The argument that the period and length of attendance required (24 weeks and 21 hours) mean that temporary withdrawn students do not fall into the definition of student is a simplistic reading of the above: the key word in paragraph 4 is normally.
Paragraph 3 of Schedule 1 to the above order (as amended by the subsequent Order of 1996) states that a person is to be regarded as undertaking a full time course of education on a particular day if:
a) On that day he is enrolled for the purpose of attending such a course with a university, and
b) The day falls within the period beginning with the day on which he begins the course and ending with the day on which he ceases to undertake it, and a person is to be regarded as ceasing to undertake a course of education for the purpose of this paragraph if he has completed it, abandoned it or is no longer permitted by the educational establishment to attend it.
As a part time repeating / intercalating (temporarily withdrawn) / placement student you have not completed your course, and nor have you abandoned it or in any way been prevented by the University from attending, it follows that you are still undertaking a full time course of education.
Housing Benefit
This is a benefit which helps to cover rent payments. The amount payable is based on the amount of income a claimant has coming in and not all claimants will get the maximum possible amount.
Most students are not entitled to claim Housing Benefit but there are exceptions to this rule for certain groups the most common of which are listed below:
Lone Parents
Students with a child or children under 16 or ‘a qualifying young person’ (i.e. under 20 and in full time non advanced education)
Student Couples
Students with a child or children under 16 or ‘a qualifying young person’.
Disabled students
Students who qualify for a disability premium or severe disability premium with their Housing Benefit (e.g. they get Disability Living Allowance or long term Incapacity Benefit or are registered blind) OR who have had limited capability for work for the last 28 weeks OR who get Disabled students allowance because of deafness
Over 60
Students who are over 60 (or whose partners are).
Others
Students who have a non student partner can be included in a claim made by their partner.
It should be noted that certain elements of student finance will be taken into account as income and this may reduce the amount of Housing Benefit payable.
This is a broad outline. For more detailed information please contact the Advice Centre