Council Tax Discount

[nitram]

"...could anyone tell me what the procedure for claiming is please..."

You claim the disregard from your local authority, the person must have proof of eligibility of at least one of:-

• An Incapacity Benefit under Section 30A of the Social Security (Contributions and Benefits) Act 1992.
• An Attendance Allowance under Section 64 of the Act.
• A Severe Disablement Allowance under Section 68 of the Act.
• The Care Component of a Disability Living Allowance under Section 71 of that Act, which should be payable at the middle or highest rate .
• An increase in the rate of his/her Disablement Pension under Section 104 of the Act, where constant attendance is needed.
• A disability Working Allowance under Section 129 of the Act, for which the qualifying benefit is one that falls within subsection (2) (a) (i) or (ii) of that section; or it is a corresponding Northern Ireland benefit.
• An Unemployability Supplement under Part I Schedule 7 to that Act.
• A Constant Attendance under -
-Article 14 of the Personal Injuries (Civilians) Scheme 1983; or
-Article 14 of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983.
• An Unemployability Allowance under -
-Article 18(1) of the Personal Injuries (Civilians) Scheme 1983; or
-Article 18 (1) of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983.
• Income Support where the applicable amount includes a disability premium in respect of which the additional condition in paragraph 12(1)(b) of Schedule 2 to the Income support (General) Regulations 1987 is satisfied.
• Incapacity Benefit under SS40 and 41 of the SSBC Act 1992
• The standard or enhanced rate of the daily living component of Personal Independence Payment under section 78(3) of the Welfare Reform Act 2012
• Employment Support Allowance (Income Related or Contributory)

The LA will have a claim form, you fill this in and return it with proof of eligibility for a qualifying benefit.
The LA will then ask your GP to sign the medical declaration, some LAs send the blank form to the applicant who has to get the doctor to sign and then return the form, other LAs send the form directly to the doctor who returns it to them.

EDIT

"I've looked on my local Council website and it doesn't mention SMI or anything like it"
SMI is mentioned on your LA's website

Can I get a discount?
Not everyone is counted for Council Tax.

You may be entitled to a discount on your Council Tax bill if the other people living in your household fall into the following groups:

....

People who are severely mentally impaired.
....

https://www.bradford.gov.uk/bmdc/ad...l_tax/council_tax/other_council_tax_discounts

There is no mention of SMI in the forms you can download at the bottom of the page, this could be because SMI is not strictly a discount, it is a disregard ie for CTAX purposes the person does not exist. This distinction can be important if the person is in receipt of certain benefits which are affected by a CTAX discount, a disregard does not affect the benefit..

 

[bobmc]

Hi Nitram

Thanks very much for your prompt reply it looks as though we might be able to claim - which is a relief.

Much appreciated
Regards
Bob

 

[gabljabr]

Council Tax form - Dr's fee

I have just been told that the form is now ready ( I made the application on 26 Nov 15 and 'somebody' lost the forms) And that I will have to pay a fee of £15. No doubt I will be regarded as a 'red-neck rabble rouser' when I raise this with the practice manager

 

[1mindy]

There is no charge for this. Just tell them they must have made an honest mistake.

 

[Selinacroft]

I wish this discount was better known about. When I worked in the CTAX office and took phone calls from the public, people who asked for the discount form often said- such and such has had AZ or dementia for years - I wish I had know we were entitled to a discount.
I know it is really frustrating if you are charged by GP but it is still well worth doing when you think CTAX is £1500 ish then 25% (if another adult also resident) is still a substantial discount many people miss out on, especially if you claim for more than the first year.

 

[jenniferpa]

I have just been told that the form is now ready ( I made the application on 26 Nov 15 and 'somebody' lost the forms) And that I will have to pay a fee of £15. No doubt I will be regarded as a 'red-neck rabble rouser' when I raise this with the practice manager

Yes, no - they can't charge for this. Tell them politely that this is one of the prescribed medical forms that they have a duty to complete for free under their NHS contract and that if they don't realise this, they should go back and check. nitram's link below give the specific page etc

http://forum.alzheimers.org.uk/show...-certificate&p=1171242&viewfull=1#post1171242

 

[Mich09]

Hi
First time poster here, hope you don't mind me butting in.
Its worth noting that if the person you care for lives with you it is possible to get a 50% discount.
I work full time, my husband took early retirement 6 years ago and my mil lives with us. She was diagnosed 2006 but has been getting AA since 1998 after having a stroke. We get 25% disregard for mil and anothet 25% discount carers disregard because we provide 24 hr care. We do have carers coming in to help 3 times per day for which we get direct payments. This does not change the discount we get.

 

[nitram]

"We get 25% disregard for mil and anothet 25% discount carers disregard because we provide 24 hr care. "

For clarity.
Carers' disregard is not available to spouses or partners.

To be ‘disregarded’ as a carer, you must meet all the following criteria:

You must provide care for at least 35 hours a week.
You must live in the same property as the person you care for.
You must not be the spouse or partner of the person you care for, or their parent if you care for a child under 18.
The person you care for must receive either the middle or higher rate of the care component of Disability Living Allowance (only the higher rate in Scotland), the daily living component of Personal Independence Payment at any rate (only the enhanced rate in Scotland), Attendance Allowance at any rate (only the higher rate in Scotland), Armed Forces Independence Payment or the highest rate of Constant Attendance Allowance.

 

[paulmonk]

New Question

I'm the Court Appointed Deputy for my aunt's financial affairs since August. I've recently applied for and receiving AA on her behalf. I also applied for Council Tax refund and have received back to the date of AA approval. To get the Council Tax back to her diagnosis (mid 2013) the Council are asking for proof of her eligibilty for AA or similar - which we only recently discovered she could claim.

Is there any way of claiming this backdated tax? Can I write to the DWP for a letter to say had I applied at point of diagnosis she would have been eligible?

 

[gabljabr]

Further GP problems over SMI forms

The practice manager now tells me that the council are asking for 'whole of life' medical history and that for the practice to provide it would be uneconomical. They say I should authorise only 10 years history.
I have complained to the Council and suggested they deal with the practice. It's getting to the stage of not wanting any dealings with the practice. The doctors are fine but the admin is abyssmal - they create obstacles where none should exist...

 

[Selinacroft]

I don't see that the Council have any right to any medical history never mind "whole of life" history. That is ludicrous and totally unreasonable. Crikey -if they wanted to see my father's file they would need a filing cabinet just for Dad- and he never saw a Dr until he got to 83
I would politely tell them it is none of their business besides a signed letter by the GP to say SMI.
If they acquire "whole life history" what do they propose to do with it? Under Data Protection, electronically stored info should be "adequate , relevant and not excessive" I would have thought any council employee would have this drummed into them at every training course they attend!

 

[nitram]

"The practice manager now tells me that the council are asking for 'whole of life' medical history"

Check with the council, politely ask why they require full medical history and under what authority they are asking. I would not be surprised if they denied asking.

All the council has to do is see proof of a qualifying benefit and get a doctor to sign a form containing the wording on http://forum.alzheimers.org.uk/attachment.php?attachmentid=49315&d=1452070455

Some LAs ask the applicant to sign that medical records may be consulted but that is only to allow the LA to get the SMI certificate with no chance of a complaint being raised.

Strange that when you were asked to pay £15 medical history was not mentioned!!!!

 

[gabljabr]

I don't see that the Council have any right to any medical history never mind "whole of life" history. That is ludicrous and totally unreasonable. Crikey -if they wanted to see my father's file they would need a filing cabinet just for Dad- and he never saw a Dr until he got to 83
I would politely tell them it is none of their business besides a signed letter by the GP to say SMI.
If they acquire "whole life history" what do they propose to do with it? Under Data Protection, electronically stored info should be "adequate , relevant and not excessive" I would have thought any council employee would have this drummed into them at every training course they attend!

It does all seem so obvious to ordinary mortals but we are dealing with a Practice Manager whose concept is 'Our word is law and we can do no wrong'. Noting also that I have had disputes with this manager over several issues

 

[gabljabr]

[

Nitram

As you said... Contacted the Council with copy of latest Practice letter. The council contact was reluctant to define exactly what the council had asked for - couldn't really expect that before investigating. I'm not expecting the council to have asked for such information (whole of life...) I am expecting the practice manager to bluster and blunder and end up blaming someone else

 

[gabljabr]

Still want to charge £15...

After nearly 30 emails exchanged, plus hand delivered hard copy, the practice has begrudgingly agreed to provide this document "on this occasion...".
They still want the £15 fee!
Next up I'm sure they will get the onset date wrong ( I have the consultant report c Sep 2010).
I can't imagine how much this is costing the practice to try and save the practice manager's reputation.

 

[nitram]

"They still want the £15 fee!"


Asking for this is in breach of the GP's contract

http://forum.alzheimers.org.uk/show...-certificate&p=1171242&viewfull=1#post1171242

Just don't pay, the manager will hopefully just stop asking, (s)he already probably knows that if push comes to shove they will lose.

 

[Mich09]

Hi
First time poster here, hope you don't mind me butting in.
Its worth noting that if the person you care for lives with you it is possible to get a 50% discount.
I work full time, my husband took early retirement 6 years ago and my mil lives with us. She was diagnosed 2006 but has been getting AA since 1998 after having a stroke. We get 25% disregard for mil and anothet 25% discount carers disregard because we provide 24 hr care. We do have carers coming in to help 3 times per day for which we get direct payments. This does not change the discount we get.

Good news. We got our 50% refund on Friday. They agreed to go back 10 years after the consultant at the memory clinic wrote to them.

 

[WORRIER123]

Glad you got sorted
I am struggling for the memory doctor to put in writing the dementia he will only say verbally which isn't getting me anywhere with the council to get the discount

 

[Doghouse]

Hi,
I've passed the CTAX discount form on to GP together with copy of letter from consultant giving Vascular Dementia diagnosis. I've just had to make a phone appointment with GP next week so I am guessing it is about my request for her to sign letter. Has anyone's GP turned down their request? I know the term "Severe Mental Impairment" is a bit harsh but I used to deal with thousands of such requests while I worked at the council and as long as "Dementia" was on the form it was never queried. Interested to hear your experiences before I have my telephone chat next week.

Where I can find this form as didn't know about this. Thanks

 

[Beate]

Ring your local council!