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Are the alz society s guidance sheets on council tax accurate

Discussion in 'Legal and financial issues' started by mancmum, Nov 18, 2015.

  1. mancmum

    mancmum Registered User

    Feb 6, 2012
    388
    I wrote to my council explaining that both husband in paid employment 35 hrs per week and me in receipt of carers allowance care for my father. Even allowing for 6 hrs respite per week total exemption was not given. Just a single discount. Are sheets still up to date.
     
  2. nitram

    nitram Registered User

    Apr 6, 2011
    19,039
    Male
    North Manchester
  3. sleepless

    sleepless Registered User

    Feb 19, 2010
    3,232
    Female
    The Sweet North
    I care for my husband. He receives Attendance Allowance and I receive Carer's Allowance, but we are not entitled to total exemption. We get 25% discount, (as I would if I was the sole occupant.)
     
  4. jaymor

    jaymor Volunteer Moderator

    Jul 14, 2006
    12,497
    Female
    England
    Someone who is severely mentally impaired will qualify for exception of council tax if they live alone. In most cases 25% discount is given because someone lives with them.

    My husband has Alzheimer's, When I was his carer and not in receipt of carers allowance because I was retired, we received the 25% discount. When he went into care the 25% discount was given in my name because I was the sole occupier of our home.
     
  5. Beate

    Beate Registered User

    May 21, 2014
    11,716
    Female
    London
    I don't exactly know your living situation but if your father has dementia he can get exemption due to severe mental impairment. You could also get exemption if you were his live-in carer not looking after someone who is their partner, spouse or child. So if it was just the two of you, that would mean 0% council tax as no one who is considered an adult would be living at the property. However, if your husband and you lived with your father, that would make your husband the sole person considered an adult who would then qualify for the single person discount. That discount is 25% so 75% will still be payable on your property.

    Your husband cannot get Carers Allowance as he is in full employment and thus probably earning more than £110 a week, plus two people cannot get CA for the same person. On the basis of this I guess the council does not consider your husband a live-in carer, hence no exemption for him.

    https://www.gov.uk/council-tax/who-has-to-pay
     
  6. nita

    nita Registered User

    Dec 30, 2011
    1,802
    Female
    Essex
    That's not quite correct, Beate. I am in the process of claiming a discount. I live with my Mum (Alzheimer's sufferer) and my mentally ill brother. They both have SMI disregards and I am my mother's carer. I was told they could not exclude everybody - there has to be one adult responsible for the council tax. I have sent them a letter which says that, although I now get state pension, I still look after my mother for over 35 hours a week so I have an underlying right to Carer's Allowance. I should get a reduction for this - I think the SMIs are called "disregards". I will keep you posted on how I get on.
     
  7. Beate

    Beate Registered User

    May 21, 2014
    11,716
    Female
    London
    I am sorry to hear that nita, as that seems totally unjust! Are you sure they can do this? I mean if your Mum and brother are exempt and lived together without you, it would have to be 0%, right? Or if you and your mother lived together! They can't just take someone's right to exemption away because they'd like someone to pay! If you read the link I posted, the rules seem pretty clear. I would appeal this.
     
  8. exhausted 2015

    exhausted 2015 Registered User

    Jul 5, 2015
    624
    Female
    stoke on trent
    My father lives with me and my husband I am his career I have just recently got the 25% discount, it stated on our revised bill... Carer discount 25%
     
  9. nita

    nita Registered User

    Dec 30, 2011
    1,802
    Female
    Essex
    You’ll get 25% off your bill if you count as an adult for Council Tax and either:
    you live on your own or
    no-one else in your home counts as an adult

    You’ll usually get a 50% discount if no-one living in your home, including you, counts as an adult.

    Beate, the rules state that, even if no one counts as an "adult" you only get 50% discount.
     
  10. mancmum

    mancmum Registered User

    Feb 6, 2012
    388
    No rationale given for decision

    I was simply told there would be a 25 percent discount. The thing is that there are specific thi GS that OH does do for my father but how do you define who is the carer when you are both there. I have looked carefully at the hours and taken time off for when we have a sitter or are away on holiday and it could be argued that we both each do 35 hrs a week. There are no other adults in the house. I didn't look into this too much because middle son at home still and I did not want him to feel under pressure to go.
     
  11. sleepless

    sleepless Registered User

    Feb 19, 2010
    3,232
    Female
    The Sweet North
    I am a bit confused by this. I thought the discount applied to the person with dementia, not the carer?
    Is this not the case?
     
  12. nitram

    nitram Registered User

    Apr 6, 2011
    19,039
    Male
    North Manchester
    SMI is a disregard, the person does not exist as far as council tax is concerned.

    In some circumstances a carer can also be disregarded


    Carers

    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.
    You do not have to claim Carer’s Allowance to qualify for this discount, and your income and savings will not affect your eligibility. If there is more than one carer in the property, they can both be disregarded for council tax purposes as long as they all meet the conditions.


    There are many other exemptions and reductions, disregards are different because they do not effect any other benefits.

    Have a read through:-
    https://www.carersuk.org/help-and-a...th-household-finances/council-tax-rate-relief
     
  13. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,046
    Staffs
    #13 Pete R, Nov 19, 2015
    Last edited: Nov 19, 2015
    Council Tax really applies to the home and is based on 2 person living in it. You get a 25% discount if you live alone and if no else in the home counts as an adult. You can get a 50% discount if no one in the home counts as an adult including you.

    There is a list of who doesn't count which includes Senior Mentally Impaired and live-in carers who look after someone who isn’t their partner, spouse or child.

    https://www.gov.uk/council-tax/who-has-to-pay
     
  14. sleepless

    sleepless Registered User

    Feb 19, 2010
    3,232
    Female
    The Sweet North
    Thanks nitram and Pete, that makes the whole thread clearer.
     
  15. garnuft

    garnuft Registered User

    Sep 7, 2012
    6,588
    We get 50% discount.
    My son is 28 and severely disabled, I am in receipt of Carers Allowance, my partner works full time.
    Our Local Authority considers my partner to be a second carer due to my sons needs as well as his size, he's not obese but he is 6ft 7ins, 20 stone, sometimes doubly incontinent, has autism and can suffer from challenging behaviour.

    So there are circumstances where a 50% discount can be applied even with a person in the household earning a good salary.

    Welfare Rights made the application for us....about 4/5 years ago, it was backdated and we received a rebate of £1200 and no payments for the 8 months or so left of the council tax year.


    Sent from my iPhone using Talking Point
     
  16. Beate

    Beate Registered User

    May 21, 2014
    11,716
    Female
    London
    Goodness, sorry. I guess it was wishful thinking on my part!
     

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