You can only get council tax if:
- you normally live in Scotland;
- you are ‘habitually resident’, including having a ‘right to reside’; and
- you are not a ‘person subject to immigration control’.
Normally living in Scotland
You can only get council tax reduction if you ‘normally live’ in a home in Scotland, and are liable to pay council tax for it. To decide whether you normally live somewhere, the local authority considers any other homes you sometimes live in, whether they are in Scotland or not.
Once you get council tax reduction, it can continue during a ‘temporary absence’ from your home. If you go abroad, this can normally only last for a maximum of one month, unless your job means you have to work outside the UK.
If you are not abroad, you council tax reduction can sometimes continue for up to one year, depending on why you are away from home. Contact your local authority if you get council tax reduction and are going to be away from your home (other than for a short holiday), and explain the situation.
If your council tax reduction is stopped, get advice about whether this is correct. If it is not, you should challenge the decision within two months.
The habitual residence and right to reside tests
To get council tax reduction, you must be ‘habitually resident’ in the common travel area (which is the British Isles, including Ireland and the Channel Islands). This normally requires that you have lived in one of these countries for a period (but not a specific length of time), and have an intention to stay there for some time. However, if you used to live in the British Isles and are returning from abroad, it is possible to be habitually resident as soon as you are back, depending on your circumstances.
As part of the habitual residence test, the local authority considers whether you have a ‘right to reside’. If you are a British or Irish citizen you automatically have this right. If you are a national of an European Economic Area country, this may depend on how long you have been in the UK, and what you and your family have been doing since you moved here. Now that the UK has left the European Union, European nationals can be 'subject to immigration control' (see below).
Immigration law and council tax reduction
Most non British and Irish nationals may be ‘subject to immigration control’. This can include not being able to access types of financial support that count as ‘public funds’. Council tax reduction is included in the list of public funds.
Claiming council tax reduction if you or a member of your family is not allowed to get public funds can affect your right to stay in the UK or extend your visa. You should get expert immigration advice before you claim council tax reduction if you are unsure of your immigration status or that of someone in your family. You can find immigration advisers in your area using the Office of the Immigration Services Commissioner’s adviser finder.