Council Tax request for information after a liability order (Regulation 36)

By | October 16, 2016

Regulation 36 noticeIf you’ve been unlucky enough for a liability order to be issued then the local authority can issue a Council Tax request for information form. This form issued in response to a court order and is a legal document.

For information regarding other situations where information can be requested see here.

What is a request for information / Regulation 36 notice

Once a magistrates court has granted a liability order the local authority receive a range of legal powers. These powers vary from committal to prison to requesting information.

The request for information when made by the local authority will be made under Regulation 36 of the Council Tax (administration & enforcement) regulations 1992. The form is often referred to a ‘Request for Information form’ although other terms may be issued.

This notice allows them, in writing, to request:

Your employment details – including payroll id.
Your income – including any deductions.
Any benefits being received.
Any other income you receive.
Details regarding anyone else who may be jointly liable for the Council Tax charge.

The information must be provided within 14 days of the request.

Can I refuse the information ?

You can refuse to grant the information requested if:

It has not been requested in writing.
and/or
It is information other that which is required by regulation 36

If you refuse a valid request for the information then you are committing an offence.

What if I don’t provide the information ?

If you fail to provide information to a valid request then you commit an offence under Regulation 56 of the Council Tax (administration & enforcement) regulations. An offence is committed if you fail to provide the requested information (assuming it is in your control) and / or you provide false information.

The local authority can make an application to the magistrates court in respect of the offence. The magistrate will be responsible for the hearing the case and can issue a fine of up to £500 for failing to provide information and up to £1000 for providing false information.

What can they do with the information ?

The Local Authority can use the information provided to take enforcement action against you to recover any outstanding monies. Failing to return the the Request for Information form does not prevent action being taken.

Assistance from LGFA92

Good quality help with your Council Tax dispute can be hard to come across – there’s a lack of independent, expert, places where you can get the help you need however LGFA92 are here to change that. See how we can help today

Contact us today. Email us at info@lgfa92.co.uk, Call our Council Tax helpline on 0191 6451118.

This article is solely the view of LGFA92, the Council Tax experts, based on our interpretation of legislation. Your local authority is free to dispute this view. A binding decision may require the intervention of a valuation tribunal.

 

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