Cabinet 10 June 2013 Agenda Item No______10_______ Debt Recovery 2012-13 Summary: This is an annual report detailing the council’s collection performance and debt management arrangements for 2012/13 The report includes a: Recommendations: 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 Members are asked to: Approve the annual report giving details of the Council’s writeoffs in accordance with the Council’s Debt Write-Off Policy and performance in relation to revenues collection. Cabinet member(s): All Contact Officer, number, and e-mail: 1. All All telephone Louise Wolsey 01263 516081 louise.wolsey@north-norfolk.gov.uk Introduction 1.1. The Corporate Debt Management and Recovery Policy at Appendix 1 was last approved by Members in May 2011. One of the components of this policy is a Debt Write-Off Policy attached at Appendix 2. This annual report is one of the performance management measures to provide members with outturn figures for 2012/13 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 2. 10 June 2013 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. Below is 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 % of Years Current Arrears Arrears Included v Net (after write – Debit offs) Provision for Bad/Doubtful Debt for all years 2009/10 £1,596,611 £829,249 1.56% £579,895 2010/11 £1,596,946 £756,064 1.39% £570,910 2011/12 £1,630,971 £762,241 1.39% £588,250 2012/13 £2,184,250 £1,221,685** 2.2% £798,512 2009/10 £203,102 £139,290 0.64% £107,503 2010/11 £216,850 £151,995 0.73% £130,880 2011/12 £221,280 £179,044 0.64% £141,591 2012/13 £467,220 £345,291 1.51% £279,008 *This is the cumulative arrears (excludes costs) for all years including 2012/13. ** This is the arrears figure as at 31/3/2013. Collection of the 2012/13 debt is ongoing and £194,230 (16%) council tax and £88,149 (26%) NNDR has been collected since that date against previous year’s arrears. The Government re-introduced the Deferral scheme in 2012. The value of deferred payments is £92,453. This figure is not included in the arrears figures. Table 2 Cabinet 10 June 2013 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 Net Debit at 31st March Raised All Years (after End of Year write offs) % Provision outstanding Bad/Debt against debit all years at year end 2009/10 *£1,016,713 £5,213,910 19.50% £353,654 2010/11 **£816,705 £4,804,262 17.0% £393,829(a) 2011/12 ***827,655 £5,283,458 15.67% £451,857 2012/13 ****761,402 £5,054,143 15.06% £462.143 2010/11 Housing Benefit Overpayments = £ 487,627 2011/12 Housing Benefit Overpayments = £ 509,403 2012/13 Housing Benefit Overpayments = £594,596 3.2. The arrears figures reflect that 26 debtors with invoice values over £5,000 account for £272,241 (36% of the outstanding debt). 21 of these invoices are Housing Benefit overpayments (HBOP) totaling £232,671. 2 HBOP are currently in dispute and are at Tribunal stage, totalling £22,803 10 HBOP are paying by installments, totaling £113,771 - By the nature of the debt repayment of these will be over a considerable period of time (arrangements varying from £10- £100 month dependent on individual circumstances). The other 9 invoices are at varying stages of recovery. It is not anticipated that the remaining non HBOP accounts will result in arrears. The bad debt provision now includes debts with balances greater than £2,000 which are not over a year old (i.e. raised in 2012/13) Table 3 for for Cabinet Income Area Council Tax NNDR Sundry Debtors 10 June 2013 Year/Date Net Collectable Debit 2009/10 2010/11 2011/12 2012/13 £53,309,139 £54,588,328 £54,801,832 £55,279,404 Average Number of Amount per Accounts Account (after adjustments) 52,281 £1020 52,540 £1038 52,708 £1040 52,905 £1045 2009/10 2010/11 2011/12 2012/13 £20,128,852 £20,901,384 £21,705,544 £22,850,477 5,779 5,868 6,023 6,094 £3,483 £3,562 £3,603 £3,749 £203,102 £216,850 £221,280 £470,930 2009/10 £5,213,910 21,451 £243 £1,016,713 2010/11 £4,804,262 24,157 £199 £816,705 2011/12 2012/13 £5,283,458 £5,054,143 6,801 6,083 £777 £831 £827,655 £761,402 Total of all Years Arrears £1,596,611 £1,596,946 £1,630,971 £2,184,250 Table 4 Performance Indicators for in year collection. Income Area 2009/10 Council Tax 2010/11 2011/12 2012/13 Target 2012/13 Target 2013/14 98.4% 98.6% 98.6% 97.9% 98.3% 98.3% 99.2% 99.1% 98.8% 98.4% 98.9% 99.0% NNDR 3.3. The collection of Council Tax and Non-Domestic rates has been particularly challenging this financial year. The service converted to a new revenues and benefits back office, document management and workflow system in June 2012. It was anticipated that performance would be affected by the data conversion and additional staff were recruited to assist. However, following the data conversion there were significant problems with NNDC accessing the data that was held at Kings Lynn. It was not until January 2103 when the data was returned to NNDC that full working access to the system was resolved. In addition the economic position and changes to some people’s welfare benefits will undoubtedly have impacted on collection. Ongoing recovery of the previous year’s debts will continue. Over 5000 reminders will have been sent in April & May and over 1,500 summonses. Cabinet 10 June 2013 3.4.1 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. An important part of debt management is to ensure that bills are sent out accurately and timely and that council tax payers are aware of any appropriate discounts, exemptions and benefit entitlement they may be entitled to. Information sent with the annual bills, the web site, service information provides information on discounts etc. Ongoing promotion of DD also forms an important part of debt management 76.4% of council tax payers are paying by direct debit and 53% of NNDR customers pay by direct debit. 3.5 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 281 empty properties of which 170 have a RV over £2,599. 49. 3.6 The Government introduced the Small Business Rate Relief (SBRR) scheme in April 2005 to give more support to small businesses. Businesses with a Rateable Value below £6,001 receive a 50% reduction to their charge. Changes to Rating Legislation on the 1st October 2010 increased the amount of relief granted to 100%, this will continue until 31 March 2014 when the relief may reduce back to 50%. We grant SBRR to 3,307 accounts (54.3%) out of 6,094 business rated properties. Accounts receiving SBRR with a Rateable Value up to £6,000 = 2,945 Accounts receiving SBRR with a Rateable Value £6,001 to £12000 = 362 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 2012/13 (£) Income Area 2008/9(£) 2009/10(£) 2010/11(£) 2011/12(£) Council Tax NNDR Sundry Debtors includes Housing Benefit write-offs Housing Benefit 118,310 78,100 63,468 65,557 76,111 62,783 159,759* 71,320 47,423 144,803 120,994 33,241 85,614.67 46,165 64,902 29,682 32,440 30,654 16,841 51,688 Cabinet 10 June 2013 Table 6 The table below details the category of debts that have been written off over the year 2012/13. 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(£) 138.32 4.61 17,393.64 5,347.24 53,404.91 2.20 12,694.43 4,898.88 21,044.56 19,334.82 30,144.17 19127.83 0 0 600.21 0 294.98 124.46 2,249.77 1548.06 0 199.17 0 0 0 0 0 3,553.04 0 0 0 1,387.40 85,614.67 704.54 0 0 0 772.26 46,165.25 1732.75 192.14 -2,167.84 1,995.71 0 64,902.34 4.2 Council Tax write offs have decreased in value from last year. Only £3,553 of our write offs arose due to the debt being impossible to collect, £19,334 was due to insolvency - something which we cannot control and £53,404 due to absconders. 4.3 National Non-Domestic Rates (NNDR) write offs have decreased in value from last year. 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. Cabinet 10 June 2013 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 issues.