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- Why does the discretionary reduction you have read about not apply in Scotland?
- What is section 80 of the Local Government Finance Act 1992?
- What can bring a Scottish council tax bill down instead?
- What discretion does a Scottish council actually have?
- How do you ask your council for help with arrears?
- What can you do if the council refuses?
- What should you check before assuming nothing applies?
- Related guides
- Frequently asked questions
Not in the form most online guidance describes. The discretionary reduction those pages point at is an England and Wales power with no Scottish counterpart, and no Scottish statutory power to remit a bill on hardship grounds has been identified.
That is a blunt answer, and it is better than being sent to apply for something a Scottish council cannot give. Asking for the wrong thing costs weeks you may not have.
Read about a hardship reduction for your bill? Check what applies in Scotland.
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The Scottish routes that do exist are strong. Council Tax Reduction can remove the whole council tax liability, and councils have real discretion over how a balance is collected.
Here is what the two sections people quote actually do, what reduces a Scottish bill instead, and how to ask. What Council Tax Reduction in Scotland is is the place most readers should start.
Why does the discretionary reduction you have read about not apply in Scotland?
Because it belongs to a different jurisdiction. Section 13A of the Local Government Finance Act 1992 is the England and Wales discretionary reduction power, and Scotland has no equivalent.
How to spot guidance written for somewhere else
Any policy or template letter citing section 13A belongs to an English or Welsh authority. The Local Government Finance Act 1992 covers both jurisdictions in one Act, which is why the confusion is so common.
A Scottish council cannot use that power and will not recognise a request made under it. Nothing is gained by quoting it, and a fortnight can be lost.
Why the delay matters
A council tax account does not wait. Reminders and a final notice come first, and then the council can apply for a summary warrant with a 10% statutory addition, which what happens if you do not pay your council tax in Scotland sets out in order.
There is no hearing and no discretion. Paragraph 2(2) of Schedule 8 to the Local Government Finance Act 1992 says the sheriff, on an application by the authority accompanied by a certificate, shall grant a summary warrant.
So ask for the things a Scottish council can actually give, and ask early. The list is in the next two sections.
What is section 80 of the Local Government Finance Act 1992?
It is the Scottish provision, and it is a regulation-making power for Scottish Ministers rather than a council hardship discretion. It is the power under which the Council Tax Reduction scheme and the disabled band reduction were made.
What that means in practice
Section 80 does not give your council something to award you. It produced the Council Tax Reduction (Scotland) Regulations 2021 for working-age households and the equivalent pension-age scheme, and those regulations are what you claim under.
So there is no section 80 application to make, and quoting the section in a letter will not help. Claim Council Tax Reduction instead, which is the thing section 80 built.
Where the section does show up on your own bill
Schedule 1 to the Council Tax (Administration and Enforcement) (Scotland) Regulations 1992 lists the events that trigger a mid-year adjustment of your instalments, and one of them is a different amount becoming payable by virtue of regulations under section 80.
That is Council Tax Reduction arriving part way through the year. The council then has to adjust the remaining instalments and serve a notice with the revised figures.
The two sections side by side
| Section 13A | Section 80 | |
|---|---|---|
| Which law is it part of? | The England and Wales part of the Local Government Finance Act 1992 | The Scottish part of the same Act |
| Who holds the power? | The billing authority, which is an English or Welsh council | Scottish Ministers, as a power to make regulations |
| What does it produce? | A discretionary reduction of an individual bill | The Council Tax Reduction scheme and the disabled band reduction |
| Can you apply to a Scottish council under it? | No. A Scottish council has no such power and will not recognise the request | No. There is nothing for a council to award under it directly |
| What should a Scottish reader do instead? | Ignore any template letter quoting it | Claim under the schemes the section produced, starting with Council Tax Reduction |
The honest limit of that answer
No clean Scottish statutory hardship remission power has been identified. That is a finding about what the legislation shows rather than a promise that nothing exists anywhere.
If your own council publishes a hardship or discretionary reduction policy, apply under whatever the council calls it and ask in writing which power it is using. What you should not do is ask a Scottish council for section 13A relief.
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What can bring a Scottish council tax bill down instead?
Council Tax Reduction is the main statutory route and can cut the council tax liability by up to 100%. Alongside it sit discounts, disregards, exemptions and the disabled band reduction, each of which is a separate claim.
The routes, and whether you are entitled to them
| Route | What it does | Is it an entitlement? |
|---|---|---|
| Council Tax Reduction | Reduces the council tax liability, up to 100%, based on income and circumstances | Yes. A statutory scheme with review and appeal rights |
| Discounts and disregards | For example the 25% single person discount, or disregards for students, apprentices, care leavers under 26 and live-in carers | Yes, where the conditions are met |
| Exemptions | Remove the charge entirely for defined classes of dwelling | Yes, where the conditions are met |
| The disabled band reduction | Charges the bill at one band lower where a disabled resident needs the extra space | Yes, where the conditions are met, and it is not means tested |
| The Scottish Welfare Fund | Crisis Grants and Community Care Grants for emergency and independent living needs, never for arrears | A statutory scheme, but each award is discretionary |
| A payment arrangement, deferral or write-off | Changes how, when or whether the balance is collected | No. This is administrative discretion, not a statutory entitlement |
The band E to H route people miss
For a property in band E to H there are two separate doors.
Regulation 13 is the ordinary route and can still cover the whole bill. Regulation 14 is an extra route for households whose income is too high for regulation 13 at all.
| Household | Weekly income threshold for the second route |
|---|---|
| Single, with no partner and no child | £321 a week |
| Everyone else, including couples and single parents | £479 a week |
An award under that second route is capped at a single-figure to high-teens percentage of the bill rather than the whole of it, so the two routes should never be described as one.
An award under the second route runs from 6.98% of the bill in band E to 18.37% in band H. Whether you qualify for Council Tax Reduction in Scotland works through both.
Work down the list before you ask for discretion
A council is far more willing to discuss a balance once the entitlements have been applied and the figure is the real one. What council tax discounts are available in Scotland and how to apply for a disabled band reduction cover the rest of the list.
What discretion does a Scottish council actually have?
Over collection rather than over liability. A council can agree how much you pay and over what period, hold recovery while a claim is assessed, and in rare cases write a balance off as uncollectable.
Spreading the arrears
There is no statutory maximum period for spreading council tax arrears. Councils commonly work to the current financial year but will consider longer where affordability is evidenced, and whether you can pay council tax arrears in instalments over 12 months covers what to ask for.
Reinstating instalments after a final notice is discretionary rather than a right. Whether you can get your council tax instalments reinstated sets out how to ask, and what happens if you break a council tax payment arrangement covers the position if a plan fails.
Write-off is real but it is not a remedy
Write-off is an accounting decision a council takes about debt it does not expect to recover. It is not something you apply for and win, and no adviser can promise it.
Ask by all means, and plan on the basis that the answer will be an arrangement. Nothing about asking prevents you from also claiming the reductions above.
Why the route runs through the council and not the court
There is no hardship or affordability application against an ordinary earnings arrestment. Section 46(2) of the Debtors (Scotland) Act 1987 abolished the old subsistence exemption and replaced it with the fixed bands in Schedule 2.
A sheriff cannot reduce a statutory deduction because it is unaffordable, which is why the negotiation happens with the council. What a time to pay order is and how a statutory moratorium protects you cover the two routes that do change enforcement.
How do you ask your council for help with arrears?
Write to the council tax or recovery team, set out your income and outgoings, say what you can afford, and ask for the specific outcome you want. Ask for the answer in writing and keep a copy of everything.
What to put in the letter
- Your council tax account number and the financial years the arrears relate to.
- A short income and expenditure summary, including any deduction already coming out of your wages or benefits.
- What has changed, such as job loss, illness, bereavement, separation or a caring responsibility.
- What you are asking for in plain terms: an affordable arrangement, a short deferral, a hold on recovery while a claim is decided, or consideration of write-off.
- Confirmation that you have claimed Council Tax Reduction, or the date you will.
Ask the money advice team as well as the recovery team
Most Scottish councils run a welfare rights or money advice service that is separate from recovery, and it can often get an account held while entitlement is checked. How to reach the right council team about council tax arrears covers who to contact.
Free money advice is also available from Citizens Advice Scotland, StepChange, Money Advice Scotland and National Debtline, and what free debt advice is available in Scotland lists them. An adviser writing on your behalf tends to be taken seriously.
What can you do if the council refuses?
It depends what was refused. A statutory decision carries a statutory appeal right, while a refusal of an arrangement or a write-off request does not and goes through the council’s own complaints procedure.
Where each refusal goes
| What was refused | Where it goes | Deadline |
|---|---|---|
| Council Tax Reduction | A written review by the council, then the Local Taxation Chamber of the First-tier Tribunal | Review within 2 months; the council has 2 months to redetermine; appeal within 42 days |
| Liability for the bill | The Local Taxation Chamber | 4 months |
| Your valuation band | A proposal to the Assessor first, then the Local Taxation Chamber | Generally within 6 months of becoming the liable person, or at any time on a material change |
| A Scottish Welfare Fund grant | A first-tier review by the council, then the Scottish Public Services Ombudsman | Review within 20 working days, then one month to the Ombudsman |
| An arrangement, a deferral or a write-off request | The council's own complaints procedure. There is no statutory appeal | Set by the council's complaints policy |
Council tax and reduction appeals have been heard by the Local Taxation Chamber of the First-tier Tribunal for Scotland since 1 April 2023. If a leaflet names a different body, check the date on it.
One reassurance while all this is going on
Council tax is a civil debt in Scotland and non-payment cannot lead to imprisonment. Arrears do not appear on your credit file either, and whether council tax arrears show on your credit report explains why.
What should you check before assuming nothing applies?
Most households that believe they are entitled to nothing have missed a disregard, an exemption, or the fact that Council Tax Reduction can be backdated. The reductions are separate claims and nobody makes them for you.
A short checklist
- Council Tax Reduction, backdated up to 6 months for working-age applicants with continuous good cause, and 3 months automatically at pension age.
- The 25% single person discount, where only one adult lives in the property.
- The severe mental impairment exemption or discount, which needs a certificate from a registered medical practitioner and a qualifying benefit.
- The disabled band reduction, where a resident needs an extra room, an additional bathroom or kitchen, or space to use a wheelchair indoors.
- Your band itself, which can be challenged by a proposal to the Assessor.
What can be backdated, and what cannot be pinned down
Discounts, exemptions and the disabled band reduction have no statutory maximum backdating period, and how far back a council goes is discretionary and evidence-led. Whether Council Tax Reduction can be backdated sets out the firm periods that do apply to the reduction scheme.
For the emergency rather than the bill, what the Scottish Welfare Fund is and whether it can help with debt explains what a grant can and cannot do. Our council tax debt advice page sets out how we help.
Frequently asked questions
Is there a discretionary council tax reduction in Scotland?
Not as a standalone statutory power, and no Scottish statutory hardship remission power has been identified. The routes that do exist are Council Tax Reduction, the other statutory reductions, the Scottish Welfare Fund, and the council’s discretion over how arrears are collected.
Can I apply for section 13A relief in Scotland?
No. That provision is the England and Wales discretionary reduction power, so a Scottish council cannot use it and any template letter quoting it was written for an authority elsewhere in the UK.
What is section 80 of the Local Government Finance Act 1992?
It is a regulation-making power for Scottish Ministers. It is the power under which the Council Tax Reduction scheme and the disabled band reduction were made, so it is not something you apply to your council under.
Can a council write off council tax arrears?
A council can write off a balance it does not expect to recover, but that is an internal accounting decision rather than something you can claim. Ask, and propose an arrangement you can afford at the same time.
How much can Council Tax Reduction take off my bill?
Up to 100% of the council tax liability, depending on income and circumstances. Water and sewerage charges are billed alongside it and are dealt with under a separate reduction scheme.
How long can I spread council tax arrears over?
There is no statutory maximum. Councils commonly work to the current financial year but will consider a longer period where you can evidence what you can afford.
Can a sheriff reduce my wage arrestment because I cannot afford it?
No. Section 46(2) of the Debtors (Scotland) Act 1987 replaced the old subsistence exemption with fixed statutory bands, so there is no affordability ground against an ordinary earnings arrestment.
Who do I complain to if the council will not help?
Statutory decisions on Council Tax Reduction and on liability go to review and then to the Local Taxation Chamber of the First-tier Tribunal for Scotland. A refusal to grant an arrangement or a write-off goes through the council’s own complaints procedure.
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Written as general information about Scottish debt law rather than regulated financial or legal advice, and your own circumstances may change the answer. Free, impartial help is available from Citizens Advice Scotland, StepChange, Money Advice Scotland and National Debtline.