Cabinet 6 June 2011 Agenda Item No______8_______ DEBT RECOVERY 2010-11 Summary: This is an annual report detailing the council’s collection performance and debt management arrangements for 2010/11 The report includes: Recommendations: Members are asked to: Cabinet member(s): All Contact Officer, number, and e-mail: A summary of debts written off in each debt area showing the reasons for write-off and values. Collection performance for Council Tax and NonDomestic Rates. Level of arrears outstanding Level of provision for bad and doubtful debts Approve the annual report giving details of the Council’s write-offs in accordance with the Council’s Debt Write-Off Policy and performance in relation to revenues collection. Approve the revised Corporate Debt Management and Recovery Policy Ward(s) affected: All telephone Louise Wolsey 01263 516081 louise.wolsey@north-norfolk.gov.uk 1. Introduction 1.1. The Corporate Debt Management and Recovery Policy at Appendix A was last approved by Members in May 2010. One of the components of this policy is a Debt Write-Off Policy attached at Appendix B. This annual report is one of the performance management measures to provide members with outturn figures for 2010/11 for the following: • A summary of debts written off in each debt area showing the reasons for write off and values. • Collection performance for Council Tax and Non - Domestic Rates (NNDR). • Level of arrears outstanding • Level of provision for bad and doubtful debts Cabinet 6 June 2011 1.2. The Policies have been revised to reflect: • organisational changes in Sundry Income • the introduction of debt relief orders • increase in write off authorisation for team leaders from £10 to £25 . 2. Background 2.1. Writing off bad debts is a necessary function of any organisation collecting money. The Council is committed to ensuring that debt write offs are kept to a minimum by taking all reasonable steps to collect monies due. There will be situations where the debt recovery process fails to recover some or all of the debt and will need to be considered for write off. The Council views such cases very much as exceptions and this report identifies those debts. 3. Performance 3.1. Tables 1 and 2 below provide a summary of the Council’s three main income streams and the level of debt associated with each, for the last four financial years. Table 1 Income Area Council Tax NNDR Year/Date Total Arrears at 31st March All Years (after write offs)* Current Years Arrears Included (after write –offs) % of Current Arrears v Net Debit Provision for Bad/Doubtful Debt for all years 2007/8 £1,295,671 £744,300 1.51% £549,983 2008/9 £1,365,630 £731,840 1.41% £482,539 2009/10 £1,596,611 £829,249 1.56% £579,895 2010/11 £1,596,946 £756,064** 1.39% £570,910 2007/8 £155,072 £92,828 0.50% £101,661 2008/9 £194,830 £131,029 0.67% £117,882 2009/10 £203,102 £139,290 0.64% £107,503 2010/11 £216,850 £151,995 0.73% £130,880 *This is the cumulative arrears for all years including 2010/11. ** This is the arrears figure as at 31/3/2011. Collection of the 2010/11 debt is ongoing and £86,000 (over 11%) has been collected since that date against last years arrears. Cabinet 6 June 2011 Table 2 Table 2 shows the level of sundry debt outstanding at the year end and the element of that debt which is attributable to Housing Benefit Overpayments being collected by invoicing customers. Income Area Sundry Income (includes HB Overpayments Sundry Income (includes HB Overpayments) Sundry Income (includes HB Overpayments) Sundry Income (includes HB Overpayments) Year Total Arrears at 31st March All Years (after write offs) % Net Debit Provision for outstanding Raised Bad/Debt for against debit End of Year all years at year end 2007/8 *£919,673 £5,096,008 18.04% £453,220 2008/9 **£1,053,125 £4,496,712 23.42% £385,612 2009/10 ***£1,016,713 £5,213,910 19.50% £353,654 2010/11 *****£816,705 £4,804,262 17.0% £393,829(a) * 2007/08 Housing Benefit Overpayments = ** 2008/09 Housing Benefit Overpayments = *** 2009/10 Housing Benefit Overpayments = **** 2010/11 Housing Benefit Overpayments = 3.2. £ 347,452 £ 440,561 £ 427,827 £ 487,627 The arrears figures reflect that 25 debtors with invoice values over £5k account for £351,093 (43% of the outstanding debt). Seventeen of these invoices are HB overpayments totalling £ 196,343. Four of which were produced in 2010/11, each with a value greater than £10k are currently in dispute and are at Tribunal stage. By the nature of the debt repayment of these will be over a considerable period of time (arrangements varying from £40- £100 month dependant on individual circumstances). Out of the remaining six invoices, three were raised in March and it is not anticipated that these will result in arrears. (a) The bad debt provision now includes debts with balances greater than £2k which are not over a year old (i.e. raised in 2010/11) Cabinet 6 June 2011 Table 3 Income Area Council Tax NNDR Sundry Debtors Year/Date Net Collectable Debit 2007/8 2008/9 2009/10 2010/11 £49,425,430 £51,880,516 £53,309,139 £54,588,328 Average Number of Amount per Accounts Account (after adjustments) 51,807 £954 52,061 £997 52,281 £1020 52,540 £1038 2007/8 2008/9 2009/10 2010/11 £18,328,109 £19,809,677 £20,128,852 £20,901,384 5,530 5,650 5,779 5,868 £3,314 £3,506 £3,483 £3,562 £155,072 £194,830 £203,102 * £216,850* 2007/8 2008/9 2009/10 £5,096,008 £4,496,712 £5,213,910 21,970 22,770 21,451 £232 £197 £243 £919,673 £1,053,125 £1,016,713 2010/11 £4,804,262 24,157 £199 £816,705 Total of all Years Arrears £1,295,671 £1,365,630 £1,596,611 £1,596,946 * This figure does not include £96,293 deferred payments carried forward to 2010/11 & 2011/12. Table 4 Performance Indicators for in year collection. Income Area 2007/8 2008/9 2009/10 Council Tax 98.5% 98.53% 99.4% 99.1% 2010/11 Target 2010/11 Target 2011/12 98.4% 98.6% 98.5% 98.5% 99.2% 99.1% 99.2% 99.3% NNDR 3.3. There are no longer national indicators for the collection of Council Tax and Non Domestic Rates. The performance indicator (PI) is retained as a local PI, and continues to be monitored monthly. 3.4. Council Tax and Business Rates have worked closely with colleagues in Customer Services to mitigate the impact of the closure of the cash office on our Cabinet 6 June 2011 customers. Promoting the benefits of direct debit payment to both the customer and the authority has been ongoing throughout the year. In February of this year the service took the opportunity to link into the national campaign run by BACS in support of the Marie Curie Cancer Appeal. This was heavily promoted at annual billing and has been very successful seeing an increase of 1,943 direct debit payers. Currently direct debit payers account for 68% of council tax payers and 58.6% of NNDR payers. 3.5. Council Tax have revised working practices to provide a more generic response to customers contacting the service for either registration or debt enquiries. Other initiatives introduced to improve customer service and provide a more comprehensive service have included on line billing. This enables bills to be sent out with confirmation of a change of circumstances e.g. discounts/exemptions/moves. 3.6. Self Service via the web has been actively promoted, including targeted mail shots, for Business Rates and Council Tax. This work will continue throughout 2011/12. Customers can view their account history, receive bills, sign up for direct debit, apply for discounts/exemptions/ reliefs and notify the services about change of circumstances. Currently there are approximately 800 users. 3.7. The empty property relief threshold for business properties was reduced for 2011-12 from £18,000 down to £2,599. Any property with a Rateable Value above £2,599 is liable to pay the full ‘empty rate charge’. Currently there are 217 empty properties – 166 with a RV over £2,599. 49. 3.8. The Government introduced changes in October 2010 to the Small Business Rate Relief (SBRR) giving more support to small businesses. 2,587 out of 5,868 business rated properties receive small business rate relief in NNDC. The changes made businesses with a rateable value of £6,000 or less exempt from business rates until 1/10/2012 (following the budget announcement). Accounts receiving SBRR with a Rateable Value up to £6,000 = 2018 Accounts receiving SBRR with a Rateable Value £6,001 to £12000 = 569 4. Write-Offs 4.1. The table below details the actual amounts of debts that have been written off over the last five years. Table 5 Income Area 2006/7(£) 2007/8(£) 2008/9(£) 2009/10(£) 2010/11(£) Council Tax NNDR Sundry Debtors includes Housing Benefit write-offs Housing Benefit 38,614 37,681 42,289 86,369 75,355 30,391 118,310 78,100 63,468 65,557 76,111 62,783 159,759* 71,320 47,423 27,322 12,060 29,682 32,440 30,654 * The write-offs for debtors who can not be traced has increased by over £58,000. Cabinet 6 June 2011 A number of factors have influenced this: • Cases where no details of the debtor are held are passed to tracing agents who use credit data to trace them. With the impact of the recession credit data is less reliable than was previously the case which has impacted on the success of these searches. • The Council tax team have been increasingly responsive to bad debt cases through ongoing monitoring of debt and more rigorous monitoring of debts with the two bailiff firms. 4.2. Write–offs for bankruptcies has increased by £10,000. The implementation of debt relief orders has had an impact on this write off category and will continue to do so as the use debt relief orders increase. Table 6 The table below details the category of debts that have been written off over the year 2009/10. Category Unable to collect Uneconomic/ bailiff unable to collect Debtor deceased Debtor absconded Debtor in bankruptcy Or liquidation or other Insolvency proceedings Detained/Prison Debt cannot be proved (conflict of evidence) Ill health & no means Undue hardship Debt remitted by the Court Irrecoverable VAT Debts Reinstated Other Costs Totals Council Tax(£) NNDR(£) Sundry Debtors(£) 33,551 10,282 37 806 6,648 0 7,183 8,507 90,914 108 33,222 49,611 14,189 0 0 0 24 0 1,918 475 0 700 133 0 810 0 0 388 0 0 (618) 0 18,679 159,759 20,605 0 0 0 959 71320 354 704 (21,687) 0 0 47,423 Cabinet 6 June 2011 5. Financial Implications 5.1. The Council is already required to make provision for bad and doubtful debts. The additional information gained from this report will help improve monitoring and our ability to consider the appropriateness of the provisions in a more accurate way. 6. Equality & Diversity 6.1. The Debt Management & Recovery Policy takes account of the impact that getting into debt can have on people and their families, so it also encourages people to pay, and aims to provide reasonable facilities and assistance for them to do so. 6.2. Before writing off debt, the Council will satisfy itself that all reasonable steps have been taken to collect it and that no further recovery action is possible or practicable. It will take into account the age, size and types of debt, together with any other factors that it feels are relevant to the individual case. All write-offs are dealt with in the same fair and consistent way in line with equality and diversity is sues.