Agenda Item No__10___________ Debt Recovery 2011-12 Summary: This is an annual report detailing the council’s collection performance and debt management arrangements for 2011/12 The report includes a: 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. All 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 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 2011/12 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 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. 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 Years Arrears Included (after write – offs) % of Current Arrears v Net Debit Provision for Bad/Doubtful Debt for all years 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 2011/12 £1,630,971 £762,241** 1.39% £588,250 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 2011/12 £221,280 £179,044 0.64% £141,591 *This is the cumulative arrears for all years including 2011/12. ** This is the arrears figure as at 31/3/2012. Collection of the 2011/12 debt is ongoing and £320,064 (over 19.6%) has been collected since that date against previous years arrears. 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) * ** *** ***** 3.2. 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 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) 2011/12 *****827,655 £5,283,458 15.67% £451,857 2008/09 Housing Benefit Overpayments = £ 440,561 2009/10 Housing Benefit Overpayments = £ 427,827 2010/11 Housing Benefit Overpayments = £ 487,627 2011/12 Housing Benefit Overpayments = £ 509,403 The arrears figures reflect that 27 debtors with invoice values over £5,000 account for £379,094 (46% of the outstanding debt). • • • • 19 of these invoices are HB overpayments totalling £ 217,532. 2 HBOP are currently in dispute and are at Tribunal stage, totalling £17,902 10 HBOP are paying by instalments, totalling £138,614 - By the nature of the debt repayment of these will be over a considerable period of time (arrangements varying from £10- £100 month dependant on individual circumstances). 7 HBOP, totalling £61,015 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 2011/12) Table 3 Income Area Council Tax NNDR Sundry Debtors Year/Date Net Collectable Debit 2008/9 2009/10 2010/11 2011/12 £51,880,516 £53,309,139 £54,588,328 £54,801,832 Average Number of Amount per Accounts Account (after adjustments) 52,061 £997 52,281 £1020 52,540 £1038 52,708 £1040 2008/9 2009/10 2010/11 2011/12 £19,809,677 £20,128,852 £20,901,384 £21,7055,544 5,650 5,779 5,868 6,023 £3,506 £3,483 £3,562 £3,603 £194,830 £203,102 * £216,850* £221,280 2008/9 2009/10 £4,496,712 £5,213,910 22,770 21,451 £197 £243 £1,053,125 £1,016,713 2010/11 £4,804,262 24,157 £199 £816,705 2011/12 £5,283,458 6,801** £777 £827,655 Total of all Years Arrears £1,365,630 £1,596,611 £1,596,946 £1,630,971 **Domestic Waste Service – Tendered out to Kier Services – No Garden Bin invoices raised via e-financials Table 4 Performance Indicators for in year collection. Income Area 2008/9 2009/10 Council Tax 98.53% 99.1% 2010/11 2011/12 98.4% 98.6% 98.6% 98.6% 98.3% 99.2% 99.1% 98.8% 99.2% 98.9% Target 2011/12 Target 2012/13 NNDR 3.3. The collection of Council Tax and Non-Domestic rates has been particularly challenging this financial year. Given the backdrop of the economic recession, and the introduction of 100% rates on empty Non-Domestic properties. Unfortunately a number of businesses have closed and unemployment has increased greatly causing more of our Non-Domestic and Council Tax customers’ difficulties in paying. The collection targets have been adjusted to reflect the potential impact of the introduction of the replacement revenues system and ongoing economic difficulties. 3.4 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. The Council Tax booklet, web site, service information and benefit take up by personal contact 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 55% 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 283 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 1 April 2013 when the relief will then reduce back to 50%. We grant SBRR to 2,769 accounts out of 6,023 business rated properties we hold. Accounts receiving SBRR with a Rateable Value up to £6,000 = 2,320 Accounts receiving SBRR with a Rateable Value £6,001 to £12000 = 449 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 2007/8(£) 2008/9(£) 2009/10(£) 2010/11(£) 2011/12(£) Council Tax NNDR Sundry Debtors includes Housing Benefit write-offs Housing Benefit 86,369 75,355 30,391 118,310 78,100 63,468 65,557 76,111 62,783 159,759* 71,320 47,423 144,803 120,994 33,241 12,060 29,682 32,440 30,654 16,841 Table 6 The table below details the category of debts that have been written off over the year 2011/12. 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(£) 0 23,654 12,879 532 0 1,987 92,324 5,290 10,211 25,412 96,354 10,855 0 0 57 (53) 0 288 1,337 0 0 0 0 0 0 0 180 7,882 0 0 0 17,369 144,803 0 0 (5,647) 0 1,343 120,994 0 0 (4,034) 0 0 32,423 4.2 Council Tax write offs have decreased in value from last year. Only £7,882 of our write offs arose due to the debt being impossible to collect, £25,412 was due to insolvency - something which we cannot control and £92,324 due to absconders. 4.3 National Non-Domestic Rates (NNDR) write offs have increased in value from last year. £23,654 arose due to the debt being impossible to collect. The Bailiff firms return debts when they are unable to distrain on goods and effects or when they are unable to gain access to premises. 4.4 £96,534 (£46,743 increase from last year) was due to insolvency, this is something we cannot control. Under Rating Law we are required to write debts off where the debtor has been made personally bankrupt or a company has gone into liquidation. Due to the current economic climate, more people have been made personally bankrupt during 2011-12 and during 2011 some of the larger “chains” have gone into liquidation. Usually the latter occupy larger premises, so the amounts being written off are greater. 4.5 There was additional write offs of £20,605 (£12,723 increase from last year) which was irrecoverable. This is where the debtor has moved out of jurisdiction. 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 issues.