This report sets out the proposed changes to the Authority s treatment of empty property and the award of Council Tax Discounts and Exemptions

Similar documents
ASSESSMENT OF IMPACT OF STAFFING RESTRUCTURE

OFFICIAL General Duty Equality report

Household Benefit Cap. Equality impact assessment October 2011

Household Benefit Cap. Equality impact assessment March 2011

Application Reference: ATT. Position applied for: Section 1: Personal details. Address: Telephone Number: Mobile Number:

Cost of Preferred (or more likely) Option Net cost to business per year (EANCB on 2009 prices) N/A N/A No N/A

Bar Council Staff Diversity Profile (31 October 2014) The total number of Bar Council staff on 31 October 2014 was 159 (up by 6 from 153 in 2013).

CONTENTS. Published Any queries regarding this report can be sent to:

Response of the Equality and Human Rights Commission to Consultation:

Equality Diversity and Inclusion. Workforce Equality Data Report

Homelessness and Rough Sleeping Strategy.

Housing Benefit: Uprating Local Housing Allowance by the Consumer Price Index

Department for Work and Pensions Equality Information. Report under the Public Sector Equality Duty

Public Sector Equality Duty: Annual Equality Data Monitoring Report Summary Report

Workforce Diversity Report 2014/15

THE SCOTTISH FA. Equity Policy

Local Pension Board 11 September Issue of Regulatory Intervention Report to the Barnet Pension Fund

Council Tax Rebate Consultation for Changes in 2015/16. Council Tax Rebate is changing Have your say!

Local pension Board 21 st November 2018

Charity Link Grant application form

Statistics about the Canning Town South Ward, Newham

Assets, Regeneration and Growth Committee

Pension Fund Committee 6 September Issue of Regulatory Intervention Report to the Barnet Pension Fund Director of Resources

EQUALITY, DIVERSITY AND INCLUSION DONCASTER METROPLITAN BOROUGH COUNCIL. Due Regard Statement Template

Amendments to payment on account provisions. Equality impact assessment March 2011

Statistics about Sleaford Navigation

EQUALITY IMPACT ASSESSMENT (EIA) ON PROPOSED REFORMS TO THE USS. September 2018

Universal Credit Budgeting Advances. Equality impact assessment October 2011

Time limiting contributory Employment and Support Allowance to one year for those in the work-related activity group

Dorset HealthCare University NHS Foundation Trust. 3 Year Work Force Data 1 April March 2017

Workforce Profile April March 2016

Analysing the impact of the UK Government s welfare reforms in Wales Stage 3 analysis Part 1: Impacts on those with protected characteristics

Housing Committee 26 June 2017

13 th January Officer Contact Details Sean Connolly - x 5054

COMMUNITY: PROGRAM: ORIGINAL DATE: TIME: UPDATE: TIME:

Staff Equality Profile 2014/15

Adults and Safeguarding Commissioning Plan /17 addendum. Commissioning Director Adults and Health. Summary

Census 2001 Ward Profile: St Thomas s

Leicestershire Partnership NHS Trust: CQC Mental Health Inpatient Survey 2017

HAVE YOU BEEN UNLAWFULLY DISCRIMINATED AGAINST AT WORK? The following notes are for guidance only and are not intended to replace formal legal advice.

Annual Review of Risk Based Verification (RBV) Policy for Housing Benefit and Local Council Tax Support Assessments

FULL COUNCIL DATE: January 15 th 2013

Charity Link Grant application form

Policy and Resources Committee 21 March 2017

Survey: SRA Legal Diversity 2017 Submissions: 56 Completed: 19 Regulator Number: Locke Lord (UK) LLP

Time limiting contributory Employment and Support Allowance to one year for those in the work-related activity group

Heriot-Watt University Employee Information

The Social Security (Waiting Days) Regulations 2014

Equality Information. The British Library Workforce Statistics. Introduction

Prisma - Employment Application

Assets, Regeneration and Growth Committee 1 st June 2015

Notification of the Engagement of a Casual Worker

Open Report on behalf of Pete Moore, Executive Director of Finance and Public Protection

Rachel Pressley, Senior HR Policy and Compliance Officer Holly Vies, CSP

WRITING OFF BAD DEBT 2016

REPORT OF ACCOUNTABLE BODY SECTION 151 OFFICER, CARDIFF CAPITAL REGION CITY DEAL

Teachers pension scheme (TPS) member contribution structure from April Equality analysis

ACTION TAKEN BY CABINET MEMBER (EXECUTIVE FUNCTION)

Disclosed Do not wish to disclose Unknown Gender 100 % 0 % 0 % Age 100 % 0 % 0 % Page 2 of 61

Mutual Exchange Application

BUSINESS RATES RELIEF SCHEMES

a) What is the workforce profile in relation to race, disability and gender according to scheme membership?

Street Scene Director

Property Management, Inc.

Workforce Equality profile

Flexible & Early Retirement Policy (LGPS)

Application Form. Personal Details. When completed submit electronically to: Title: First Name: Surname: Address: Address:

National Non Domestic Rates, Discretionary Rate Relief Policy

RETIREMENT AND RETIREMENT GIFT POLICY. July HR Policy: Date Issued: July 2016 Date to be reviewed: 3 years or if statutory changes are required

ACTION TAKEN UNDER DELEGATED POWERS BY OFFICER 30 th November 2015

Equity Loan Application Form

Equality Act Briefing Note Q & A

Discrimination under the Equality Act 2010

Title Aggregated Procurement

Equality and Human Rights Screening Template

Buchanan & Co Solicitors. 1. Select one category which best describes your role in the firm.

Date Size unit desired 1 bedroom 2 bedroom. Married Single Divorced Widowed Other. Last name First name Date of birth Social Security number

SBP Law. 1. Select one category which best describes your role in the firm.

Welcome to Pine Grove Apartments. Thank you for your interest in our community.

Haxby and Wigginton Ward Profile York Summary

WORKFORCE: DIVERSITY (AGE)

BURSARY POLICY 2017/18 ACADEMIC YEAR

Report of Director of Strategy and Communications. Summary

Rental Application for Cottage Street Apartments, Athol, MA

Morrish Solicitors LLP. 1. Select one category which best describes your role in the firm.

NHS Dumfries and Galloway Equal Pay Statement 2013

Application and Tenant Selection Information

Council Tax Support Brentwood Borough Councils Local Council Tax Reduction Scheme Final Scheme Design Consultation Response

Career Break Policy. Policy ID. HR36 Version v1.0 Owner

Conditionality, sanctions and hardship. Equality impact assessment October 2011

This factsheet aims to pull together a range of information about the size and nature of the resident population within Warrington Borough.

Commercial Boilers Policy

1. This report seeks approval to provide 100% exemption from the payment of Council Tax from 1 April 2018 to care leavers who:

Local Pension Board 14 Febuary Local Pension Board Performance Overview Assistant Chief Executive

TENANT APPLICATION EMERALD HILLS ESTATES ALLEGANY, NEW YORK

Pension Fund Committee 26 June 2018

Council Tax Benefit is Changing. What do you think?

Summary. Recommendations

EQUALITY AND DIVERSITY. WORKFORCE STATISTICS FOR DURHAM CONSTABULARY as at 1 st January 2014

Policy and Resources Committee 23 October 2018

Transcription:

Agenda Item 10 PART A Report to: Cabinet Date of meeting: 21 January 2013 Report of: Title: Head of Revenues & Benefits Council Tax Discounts 1.0 SUMMARY This report sets out the proposed changes to the Authority s treatment of empty property and the award of Council Tax Discounts and Exemptions 2.0 RECOMMENDATIONS Cabinet is requested to: 2.1 Note the contents of the report 2.2 Recommend the scheme to Council for adoption from 1 April 2013. Contact Officer: For further information on this report please contact: Phil Adlard, Head of Revenues & Benefits Telephone extension: 8023 Email: phil.adlard@watford.gov.uk Report approved by: David Gardner, Director for Corporate Resources & Governance, Three Rivers DC. Bernard Clarke, Strategic Finance Director, Watford BC

3.0 DETAILED PROPOSAL 3.1 The Local Government Finance Act 2012 has given local authorities the ability to raise additional income through changes to the exemptions awarded for second homes, uninhabitable properties, properties occupied by a mortgagee in possession, properties that have been empty for up to 6 months and properties that have been empty for 2 or more years. 3.2 The impact of these changes are as follows: 3.3 Second Homes 3.3.1 A second home is a furnished property which is unoccupied and no person s main residence. A 50% discount is currently awarded on such properties. The Government will allow full council tax to be charged on these properties. It is proposed to charge 100% council tax on second homes. 3.4 Uninhabitable Properties 3.4.1 An uninhabitable property is a vacant dwelling where major repair works or structural alterations are required, under way or recently completed. These properties are exempt from council tax for 12 months (Class A Exemption). The Government is abolishing this exemption and allowing Local Authorities to apply a discount in the range of 0 to 100% on such properties. In should be noted that a potential impact of this change could fall on people who have an empty uninhabitable property resulting from flood or fire damage (but see paragraph 3.7 below). It is proposed to remove the 12 months exemption on uninhabitable properties. There is no provision in the proposed legislation to reduce the number of months this exemption can be applied for. It must be zero or twelve. 3.5 Empty Properties 3.5.1 An empty property is exempt from council tax for 6 months if it is vacant and substantially unfurnished after which time the full council tax becomes payable (Class C Exemption). In parallel with the abolition of uninhabitable properties exemption, the Government has abolished the exemption on empty homes, replacing it with a discount which Local Authorities have discretion to set at 100 per cent, or any lower percentage. The potential impact of this change could fall on people who have moved home without selling or letting their properties and on developers who have vacant new properties on their books. It is proposed to remove the 6 month exemption on empty properties 3.6 Empty Homes Premium 3.6.1 At present, Watford Borough Council charges 100% council tax on a property that has been empty for more than 6 months. The government has expressed concerns about the number of properties that are left empty across the country at a time when there is an overall housing shortage, and there are 1.7 million people are on social housing waiting lists. Local Authorities now have the option

to levy a 50% empty homes premium on the council tax payable in respect of properties that have been left empty for a period of two years or more. We have 21 properties that have been empty for more than 2 years. The Government is currently consulting on whether to exclude properties from the empty homes premium which are genuinely on the market for sale or letting, an annex deemed unoccupied because it is being treated by the occupier of the main dwelling, as part of that main property and a property which is the residence of a member of the armed forces, who is absent from the property as a result of such service. We do not have a record of properties genuinely up for sale or left empty by members of the armed forces. It is proposed to charge a 50% premium on empty properties that have been empty for 2 or more years. 3.7 Other Local Discounts 3.7.1 It should be noted that a local discount up to 100% can still be awarded on an empty or uninhabitable property to help address local problems such as flooding and other natural disasters. The council would have to meet the full cost of awarding such discounts 3.11 Consultation 3.11.1 These proposals have been subject to a consultation exercise during the summer of 2012. The outcome of this consultation was reported to Budget Panel on 23 October 2012 with the majority of those who responded (441 in total) being in favour of such proposals 4.0 IMPLICATIONS 4.1 Financial 4.1.2 The impact of these proposals is that the additional income generated will assist the Authority in adopting a Local Council Tax Reduction Scheme that will not result in reductions in the amount of support we are currently paying. 4.1.3 The Head of Strategic Finance comments it is essential that this report is approved as it very much helped to provide the additional funding which obviated the need to reduce council tax benefit to any of the Council s claimants. 4.2 Legal Issues (Monitoring Officer) 4.2.1 The Head of Legal and Property Services comments that the Local Government Finance Act 2012 has given local authorities the power to vary exemptions applied to the payment of council tax across a range of categories. 4.3 Equalities 4.3.1 An equalities impact analysis has been produced alongside the development of

4.4 Risk the scheme. Consultation on changes to current council tax discounts showed significant support across all equality groups for implementation. An analysis of the consultation to identify those people who said they would be affected by these changes showed no particular impact on those belonging to any particular equalities group. 4.4.1 Potential Risk Likelihood Impact Overall score The software required for a local Scheme is not in place for the scheme to be fully operational in 2013 1 3 3 4.5 Staffing 4.5.1 None Specific Background Papers: Local Government Finance Act 2012 WBC council tax reduction scheme EIA Jan 2013 (attached as Appendix 1)

Equality Impact Analysis Title of policy, function or service Watford Borough Council Council Tax reduction scheme and Council Tax discount reforms Lead officer Phil Adlard, Head of Revenues and Benefits Person completing the EIA Type of policy, function or service: Kathryn Robson Existing (reviewed) New/Proposed Version v.03- January 2013 1

Background This analysis considers the potential impacts, both positive and negative, of the proposed Watford Borough Council Tax reduction scheme and discount reforms. This change in policy has arisen as part of the government s welfare reforms as set out in the Local Government Finance Act 2012 and associated regulations. Council Tax Benefit (CTB) will be abolished on 31 March 2013 and will be replaced by local schemes of Council Tax Support (CTS) devised by each local authority. Each Scheme will be cash limited at around 10% less than current expenditure. Local authorities have, within certain government parameters, a degree of choice as to how they devise their local scheme and how they manage the funding reduction. Council Tax Reduction Scheme In October 2012, government announced that it was making 100million pounds available for councils to help them manage the change to the new scheme, particularly to ensure that people do not see a significant reduction to their council tax benefit. This transitional grant will be available for 2013/14 only. For Watford it would mean 159,000. The government set a number of rules that have to be met if the council wanted to apply for the money. Watford BC undertook an analysis of how it could benefit from government s transitional grant funding, whilst ensuring it complied with the rules set down for eligibility. This resulted in the following proposed reduction scheme being developed: No change from the current scheme in terms of the eligibility for council tax support and the rates applied This fulfils the government criteria for applying for transitional funding. Council Tax Discount Reforms In addition to abolishing Council Tax Benefit, the government has changed how local authorities can apply Council Tax benefits in certain circumstances. Watford BC has considered these and is proposing the following changes: Second Homes A second home is a furnished property which is unoccupied and no person s main residence. A 50% discount is currently awarded on such properties. The Government will allow full council tax to be charged on these properties. It is proposed to charge 100% council tax on second homes. Uninhabitable Properties An uninhabitable property is a vacant dwelling where major repair works or structural alterations are required, under way or recently completed. These properties are exempt from council tax for 12 months (Class A Exemption). The Government is abolishing this exemption and allowing Local Authorities to apply a discount in the range of 0 to 100% on such properties. In should be noted that a 2

potential impact of this change could fall on people who have an empty uninhabitable property resulting from flood or fire damage (but see paragraph 3.7 below). It is proposed to remove the 12 months exemption on uninhabitable properties. There is no provision in the proposed legislation to reduce the number of months this exemption can be applied for. It must be zero or twelve. Empty Properties An empty property is exempt from council tax for 6 months if it is vacant and substantially unfurnished after which time the full council tax becomes payable (Class C Exemption). In parallel with the abolition of uninhabitable properties exemption, the Government has abolished the exemption on empty homes, replacing it with a discount which Local Authorities have discretion to set at 100 per cent, or any lower percentage. The potential impact of this change could fall on people who have moved home without selling or letting their properties and on developers who have vacant new properties on their books. It is proposed to remove the 6 month exemption on empty properties Empty Homes Premium At present, Watford Borough Council charges 100% council tax on a property that has been empty for more than 6 months. The government has expressed concerns about the number of properties that are left empty across the country at a time when there is an overall housing shortage, and there are 1.7 million people are on social housing waiting lists. Local Authorities now have the option to levy a 50% empty homes premium on the council tax payable in respect of properties that have been left empty for a period of two years or more. We have 21 properties that have been empty for more than 2 years. The Government is currently consulting on whether to exclude properties from the empty homes premium which are genuinely on the market for sale or letting, an annex deemed unoccupied because it is being treated by the occupier of the main dwelling, as part of that main property and a property which is the residence of a member of the armed forces, who is absent from the property as a result of such service. We do not have a record of properties genuinely up for sale or left empty by members of the armed forces. It is proposed to charge a 50% premium on empty properties that have been empty for 2 or more years. The council has calculated that the implementation of these discounts with the support of the transitional grant and an increased council tax base overall will achieve the 10% reduction in support required whilst not impacting directly on any individual currently in receipt of Council Tax Benefit. This Equality Impact Analysis (EIA) is considering the potential impact of the Council Tax reduction scheme and discount reforms on the people in the groups or with the characteristics protected in the Equalities Act 2010. These are: 1. Age 2. Disability 3. Gender Reassignment 4. Pregnancy and maternity 5. Race 6. Religion or belief 3

7. Sex (gender) 8. Sexual Orientation 9. Marriage and Civil Partnership The analysis also considers how we can achieve the positive effects and reduce or mitigate the negatives. Information on current Council Tax Benefit recipients Watford s overall population is currently 90,700 (mid-year 2011 revised estimates) As of January 2013, Watford BC has 6,462 people claiming Council Tax Benefit. Government regulations on local reduction schemes stipulated that pensioners were not to face any reduction on support. This means that any locally introduced scheme can only affect Working Age Claimants. As of January 2013, there were 4,123 Working Age Claimants in Watford Of these, 2,290 claimants are recorded as having a child aged under 5 and 1,052 with the youngest child over 5. Additional premiums are paid in cases where the claimant and/or partner are disabled. For the purposes of this assessment, we have taken a person to be disabled if they (or a member of their household) are in receipt of a relevant state benefit and granted an appropriate premium as permitted by the Council Tax Benefit Regulations 2006. More than one premium may be payable if circumstances permit. Premium Qualifying Criteria Number in Watford Jan 2012 Disability Premium Claimant and/or partner aged under 60 and; Claimant and/or partner receives at least one of: - mobility supplement - long-term Incapacity Benefit - Severe Disablement Allowance (SDA) - Constant Attendance Allowance (CAA) - Disability Element of Working Tax Credit - Disability Living Allowance (DLA) Claimant and/or partner is registered blind, Claimant is not in receipt of ESA 359 4

Premium Qualifying Criteria Number in Watford Jan 2012 Disabled Child Premium Severe Disability Premium Child is registered blind, or Child receives DLA Single Person or lone parent: - received DLA (Care) at high or middle rate or Constant Attendance Allowance and; - single person or lone parent lives alone and; - no-one receives CA for looking after them. People that are ignored in determining if person lives alone: - a child - joint occupier - non-dependent aged 16 or 17 - boarder - a person who received high or middle rate care component of DLA or Attendance Allowance - landlord or member of landlord s family - a person who is registered blind - a person who lives with the claimant to care for them. A couple - each member of the couple receive the benefits above and; - No-one lives with them and; - no-one receives CA for them 92 133 A. Engagement with Council Tax Benefit recipients During summer 2012, consultation took place on the council s initial proposals (the reduction scheme was developed before the government s announcement on the transitional grant). Although further consultation was conducted on the revised proposed scheme, the consultation did provide some up to date analysis of the equalities profile of current Council Tax Benefit recipients. 5

1. Sex 2. Pregnancy / maternity 6

3. Ethnicity These figures reflect what we know of the borough s ethnic breakdown from Census 2011. 7

4. Disability These results are what would be expected in terms of the population in receipt of council tax benefit. It is higher than the percentage in the Watford population as a whole with 50% of respondents experiencing some form of disability. 8

5. Age There is a disproportionately low response from people of 65+ years this would be because they were identified by the government as not affected by any changes to the council tax support available. 6. Religion 9

7. Sexual orientation 8. Religion or belief 9. Gender identity 10

Revised consultation November 2012 January 2013 Of those who responded to the revised consultation (38), only 2 selected they were on benefits (although this question was skipped by some respondents). From this it would not be possible to conclude anything on the respondents equalities profile. B. Engagement with those impacted by discount reforms Of those responding to the consultation on the application of Council Tax discounts, 27 said they would be affected. Profile (not all respondents answered each equality question): 1. Sex Male - 16 Female - 11 2. Ethnicity White British - 17 White other 4 Pakistani 1 African 1 Other - 4 3. Disability Yes 11 No - 16 4. Age 25-34 years - 3 45-54 years 8 55-64 year 16 5. Pregnancy / maternity None 6. Religion or belief No religion 8 Christian 15 Muslim 2 Hindu 1 7. Sexual orientation 11

Heterosexual 19 Bisexual 1 8. Marital or civil partnership status Single 1 Married 8 Divorced 12 Separated - 5 9. Gender identity All the same as gender identified at birth How will the council ensure equality is promoted through the council tax reduction scheme and discount reforms 1. eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act 2. advance equality of opportunity between people who share a relevant protected characteristic and people who do not share it 3. foster good relations between people who share a relevant protected characteristic and people who do not A. Council Tax Benefit recipients As the support offered to those who are experiencing difficulties in paying their council tax is not changing, there will be no impact in the introduction of the new policy / scheme. B. Council Tax discount reforms There is limited equalities data available as to the impact of this change in policy. The information available from the consultation would indicate that no one particular equality group is being impacted disproportionately 1. Positive impacts Maintaining the current support scheme for 2013/14 will have a positive impact on all equality groups as a reduction in the council s budget of 10% for council tax support, if passed to current recipients, might have impacted people across a number of protected characteristics. This would NOT have applied to pensioners who were exempt from the impacts of any changes. In terms of the Council Tax discount reforms the data available would not indicate any positive impacts although an overall aim of the change is to encourage home owners not to leave properties empty for any significant period of time, thus helping the current shortage in housing. If this outcome were achieved it would benefit people across all protected characteristics. 2. Negative impacts No negative impacts were identified for current Council Tax benefit recipients. 12

In terms of the Council Tax discount reforms the data available would not indicate any negative impacts. 3. Overall conclusion I Considering the information within this report and both the positive and negative impacts together, this analysis shows that, should both schemes be adopted,, the overall impact on the Watford community is positive. This is because the support given to those members of the Watford community who are experiencing difficulty in meeting the cost of council tax will be unaffected during 2013/14. 13

Monitoring the review This analysis will be reviewed as part of the development of the Sports Facilities Strategy. This EIA has been approved by: Phil Adlard Date 9.1.13. 14