Council Tax

[harvey]

MIL has just been admitted to care home & I have been searching TP for others experiences following this huge step. Whilst trawling the posts I came across a reference to council tax. I feel a bit of a twit as we never contacted the council after she was diagnosed with dementia over 3 years ago to inform them. Although she was awarded the lower level of attendance allowance and my husband was claiming carers allowance, we never gave council tax a thought. My OH had a carers assessment done initially but we really did not get much advice and have not seen anyone from SS for over 3 years. Is it right MIL did not need to pay council tax? I feel as though I have cheated her out of a lot of cash that would have gone to help pay the care home fees. Anyone any advice on this?
Polly

 

[jenniferpa]

Probably.

If she was living alone, if she was receiving AA, if her doctor would have signed the form to certify that she was suffering from severe mental impairment, then probably council tax should not have been paid.

Some people have had some success is claiming back council tax paid after the fact. You might want to investigate that.

 

[chucky]

I found out about this 2 years after the diagnosis. It was backdated for 12 weeks,( in Scotland.) I was told this was the max amount i could claim. Unfairly so, considering if i owed them 2 years they would expect the whole lot.

 

[harvey]

Many thanks Jennifer & Chucky, will investigate. Not holding my breath though!
Polly

 

[germain]

Hello,

I managed to get a refund of 3 years council tax for my Mum. Just wrote a letter & enclosed it with the claim forms, pointing out the date that AA had originally been awarded.

I also complained that the council did not publicise the "non-pay" scheme. If it hadn't been for MargaretW on this site (where are you Margaret) I wouldn't have known a thing !

Was amazed that they refunded without any argument.

Try it - you've nothing to lose.
regards
germain

 

[Coletta]

Hi Harvey/Polly
Definitely try for a backdated exemption if she was living alone,(or a 50% discount depending on the circumstances of any other occupants.)

We nearly missed out as well because I had been told when making a casual enquiry from somebody working in the department that, as MIL lives with us and there are 3 adults (instead of 2) in our household, we wouldnt be entitled. I made further enquiries last October in writing and was delighted to get a 50% discount because BOTH my husband and I are carers (over 35hrs. per week). We only got it though because MIL received the higher rate of AA. We got it backdated to January 2006 when mum became entitled to the higher rate. We were also entitled to A LOWER BANDING because our dining room has become mum's bedroom.

By the way, you can also get lower banding for adding a further kitchen or bathroom (not just a toilet and should not be an adaptation of existing room), and if there is sufficient floorspace in the property for the use of a wheelchair - not just storage).
Wishing you success!
Coletta

 

[Coletta]

Hi Harvey/Polly
Definitely try for a backdated exemption if she was living alone,(or a 50% discount depending on the circumstances of any other occupants.) Everybody out there, check your entitlement, at least it might help to make up for cuts in rtespite!!!

We nearly missed out as well because I had been told when making a casual enquiry from somebody working in the department that, as MIL lives with us and there are 3 adults (instead of 2) in our household, we wouldnt be entitled. I made further enquiries last October in writing and was delighted to get a 50% discount because BOTH my husband and I are carers (over 35hrs. per week). We only got it though because MIL received the higher rate of AA. We got it backdated to January 2006 when mum became entitled to the higher rate. We were also entitled to A LOWER BANDING because our dining room has become mum's bedroom.

By the way, you can also get lower banding for adding a further kitchen or bathroom (not just a toilet and should not be an adaptation of existing room), and if there is sufficient floorspace in the property for the use of a wheelchair - not just storage).
Wishing you success!


Coletta

 

[bunnies]

Just to confirm what others have said - I managed to get two years council tax refunded - there was no problem in doing this, I didn't have to fight for it - just ask! Things are rarely that easy, but this was.

 

[Nebiroth]

You can lose nothing by asking and trying for a refund.

An award of AA by itself - even if it's based on dementia - does not in itself qualify anyone for a council tax disregard. The test is "severe mental impairment" and usually means, the person does not understand what council tax is or what it is for. It may need to be backed up by a medical professional, such as the person's GP.

If the disregard is awarded then that person is no longer counted towards the residency used to calculate council tax.

If they are living alone, then the property becomes in effect unoccupied and exempt. If they live with one person, then they become a 'single person' and qualify for the discount which is normally 25%

If they live with more than one person the disregard has no practical benefit.

It is sometimes possible to apply disregards to carers.

The rules are fairly complex, and usually, you can't have more than one disregard per household.

 

[harvey]

Many thanks to everyone for advice and experiences, it is just amazing how much we are not told by SS or anyone else. As we sent a copy of the EPA to them and all correspondence from them comes to us, I would have thought they might have said something. Maybe I am just naive??!!
This site has been so helpful to me over the last four years, at that time we were in a complete state of panic. TP helped me to through some really tough times.
Thanks to all xx
Polly

 

[thimblegirl48]

I found out about the exemption quite by chance from my local Alzheimer support centre, it is not publicised anywhere by the local authority (odd that!). Anyway I filled in the appropriate form which was countersigned by Mum's GP and the exemption was passed and backdated to date of diagnosis, approximately 9 months. Put in the claim for a full refund and I wish you well.

 

[Peter22]

Thanks to AS I have today received council tax refund for my father backdated 7 years.

My father was diagnosed with dementia and received attendance allowance from April 2004. He was hospitalised in April and I joined AS to enquire about CHC and advice about nursing homes.

Whilst searching through the forums I discovered the council tax exemption for those with severe mental impairment. The total amount refunded was £4731, so well worthwhile looking into for those in a similar position. Sadly dad passed away in May aged 96, I'd have loved to have shown him the letter.

 

[Nebiroth]

Seven years!

Well done though. Yes, this disregard is not advertised (surprise) and most people get to hear of it on forums like this one.

To be fair, if you asked for a visit from a Benefit Officer they probably would know, but the existance of such people is not advertised either.

 

[harvey]

Seven years!

Well done though. Yes, this disregard is not advertised (surprise) and most people get to hear of it on forums like this one.

To be fair, if you asked for a visit from a Benefit Officer they probably would know, but the existance of such people is not advertised either.

Well! having waited for weeks for a reply from the council it arrived a couple of weeks ago just before we went on a much needed holiday! The following is what the e-mail contained.

I refer to the application for a back date of a council tax exemption due to you mother in law suffering from dementia.

The severely mentally impaired form you completed was sent to Dr B****** for confirmation but this has been returned advising that he is no longer your mother in laws doctor. Therefore, I have sent you a new form for completion and return, with her current doctors details.

Upon receipt of this form I will look into the matter again.

The application asked for the name of the doctor who diagnosed Mum's dementia, she is now in a care home and has a new doctor. How can the new doctor give the information they require when he is not the one who diagnosed her????

Arrived home late last night so will be re-submitting the form next week and waiting again.

Polly

 

[jenniferpa]

Oh dear Polly.

Well at the least the new doctor should have the records from the old doctor, which will allow him to fill out the form. Have you seen the form? I would be surprised if it asks much more than diagnosis and date of diagnosis,

 

[harvey]

Oh dear Polly.

Well at the least the new doctor should have the records from the old doctor, which will allow him to fill out the form. Have you seen the form? I would be surprised if it asks much more than diagnosis and date of diagnosis,

Yes Jennifer, I had to fill it in myself which is why I can't understand why her previous doctor could not confirm the diagnosis. Not sure of the ethics now she has a new doctor but they did ask for the name & address of the doctor who diagnosed her.

Polly

 

[jenniferpa]

I'm not sure but I think this is down to a strict interpretation of the rules that GPs live by, not least because in these cash strapped times, if they can't make an NHS claim for the time taken to sign it (and a doctor who isn't the current doctor may not be able to) then they won't do it. The fact that it's probably taken them more time to look at it, decide they don't have jurisdiction and then send it back than it would have taken to sign it is probably immaterial.

Actually, to be fair, if the entire file was sent to the new doctor, they may have nothing to reference, so that would be understandable - even if your LA has a clumsily designed form (and the one my mother's GP signed definitely didn't ask for the diagnosing doctor) I don't suppose a doctor would sign a form unless they could refer to their own records.

 

[JPG1]

If the records were held on the computer/via electronic means within the previous GP's domain, the records should be able to be transferred almost at the press of a button. Once the patient has registered with new GP, of course.

Paper records follow later, only if necessary and if requested. But the majority of GP records are now held - not on paper - but on the computer.

But it depends where in the UK the patient and the GP reside, because not all computer-based records can be sent between different parts of the UK! They are then printed out and despatched via courier systems.

This is the year 2011 after all!!

 

[harvey]

Jennifer & JPG1

I have a feeling we may have a game of ping-pong with this going from doctor to doctor! I will keep you informed.

Polly

 

[Izzy]

I got a 3 years back payment. I had to get the severe mental impairment form for both my mother and my husband. They would only back pay from when myhysbandgif the attendance allowance. There was an advantage even though three of us were in the house. I would have to look out the letters to confirm how they worked it out it but they backdated it and cancelled the rest if this year's direct debits. When my mum died in July they recalculated and I now have to pay some for his year but it is much reduced.