Attendance Allowance should I appeal?

cariad

Registered User
Sep 29, 2007
89
To nebiroth and jenniferpa

'Who did you ask to be disregarded?

Yourself (as a resident carer) or your mam?

If you applied to have yourself disregarded, then yes, you need to be getting Carer Allowance.

If you apply to have your mam disregarded, then Carer Allowance is not necessary. Your mam would need to qualify as "mentally or socially incompetent" (a horrible phrase, but I'm sure you know what is meant), and receiving something like Attendance Allowance.

It might be worth getting advice from, say, Help the Aged or Citizen's Advice and re-applying, this time, ask to have your mam disregarded.

In my experience, most authorites (DWP, Local Council etc) contrary to popular belief, do not actively seek to block people from getting things they are entitled to.

However, the process can be complicated and quite intimidating, and it;s easy to apply for the wrong thing or in the wrong way, and to thus lose out.

Incidentally, have your mam got Attendance Allowance, and have you applied for Carer Allowance?

Certainly, if your mam needs that level of care and you're providing 35 hours per week or more, it sounds as though you both quality! Working 6 hours a week shouldn't stop Carer Allowance, the important thing is that you provide at least 35 hours a week care and that your total personal income (just ours) is below a certain level and that your mam gets something like Attendance Allowance (either rate). You don;t have to live with your mam to qialify either.'
Sorry for such a delay in responding!!:eek:
Working 6 hrs per week means I exceed the threshold for carers allowance. My Mam can be disregarded as she is severely mentally impaired and in receipt of 'DLA'. However I can't be disregarded as my mam needs to be on Highest rate DLA. So effectively, my mam is being acknowledged as 'SMI' but I am not being acknowleged as her carer by our council (because she is on middle band DLA):mad:
 

Margarita

Registered User
Feb 17, 2006
10,824
london
but I am not being acknowleged as her carer by our council (because she is on middle band DLA)
Someone is still a carer if they are paid or not paid, so they would still be class as the person carer

So not sure what your mean what you mean when you say your are not acknowledge by the council ?

Do you mean that you have not had a carer assessment , because you not getting carer's allowance ?

because you are not getting carer allowance so your council do not are offering you services, because they do not acknowledged you as a carer?

If so that wrong, I am sure its illegal to do that to a carer , just because they are not getting carers allowance , but are still caring for a person.

Other wise in what way is the council not acknowledge you as a carer ?
 
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Prague09

Registered User
Jul 22, 2008
174
essex
attendnace allowance

Hi, with attendnace allowance at the time I completed my Dads the citeria was that he had to have 5 needs in a day i.e needs assistance with dressing, needs assisstance with getting out of the chair, needs assisstance with personal hygiene, needs assistance with transporting a hot meal and drink. At that time he wasnt getting any help but apparently they dont have to be getting the help they just need to need the help.
For dressing I put down needs assisstance to ensure he was wearing the correct clothes for the weather conditions.
For personal hygiene I put down to reduce the risk of infection.
Getting out of a chair I stated that it was to reduce the risks of falls.
Transporting a meal I put down that he needed help to reduce the risk of burns.
Hope this of help to you. Prague 09
 

jenniferpa

Registered User
Jun 27, 2006
39,448
To clarify Cariad - it's just you and your mother living in the house? In that case your mother wouldn't be counted, you'd be the sole occupant and the council tax would be reduced by 25% (the single person's discount) Now obviously that's not as valuable as a person who lives on their own and has a SMI (because they wouldn't pay any tax at all), but you should be getting this 25% discount at any rate.
 

Nebiroth

Registered User
Aug 20, 2006
3,511
My understanding is that you can only have ONE disregard per household. For example, if your mother gets the disregard for being SMI, then (assuming you live there too), you could not also get the carer disregard, no matter what the circumstances. Alternatively, you could get the disregard as carer but then your mother could not get it as SMI.

I believe the maximum possible is:

A person living on their own can get the disregard, reducing them to an effective household of zero, and thus pay no Council Tax

If two persons are resident, then one of them can apply, reducing them to a single person household for tax purposes, this would mean they pay the single persons rate which is 75%

More than two people resident - any one person can be disregarded, but as this still leaves them as a household of two (or more) people for council tax pruposes, there is no benefit because two or more people pay the full rate anyway

We are a household of three, and all of us qould qualify in one way or another, but its pointless because we would just be reduced to a household of two, and thus pay the same tax
 

cariad

Registered User
Sep 29, 2007
89
Hi Jennifer
There's me, my husband and my young children as well as mum. The social worker said me and mam can be disregarded (mam as she is SMI and me as her carer (yet not her spouse). SW said we were entitled to 50% discount. BUT, as my mam is not top rate, the council don't acknowledge me as her carer. So we are paying 100%.

Margarita, the council are not recognising me as a carer in that they will not disregard me for purposes of council tax.

I have checked again to see if I'm entitled to carers allowance but my income is too high (by about £20).
I've had a carers assessment done twice............ but got nothing back in writing. Seems like a pointless exercise to me!
I'm currently applying for continuing care so that should sort out my needs (someone to care for mam whilst I work).
 

jenniferpa

Registered User
Jun 27, 2006
39,448
Yes you're caught on that DLA anomaly. I find it hard to imagine, though, why she shouldn't be on top rate DLA (although I've never looked at it closely). I assume it's because she is ambulatory? Good luck with the continuing care application.
 

cariad

Registered User
Sep 29, 2007
89
I'm in the middle of getting the claim looked at again. DLA have sent me a letter to say it can take up to 11 weeks. I've since found out that we could have claimed using the 'special circumstances' form for terminal illness (MND has no obvious terminal stage so we should have claimed under that). But I learnt that too late....:mad:
At least it will be back dated though;)
 

Lynne

Registered User
Jun 3, 2005
3,433
Suffolk,England
My understanding is that you can only have ONE disregard per household. For example, if your mother gets the disregard for being SMI, then (assuming you live there too), you could not also get the carer disregard, no matter what the circumstances. Alternatively, you could get the disregard as carer but then your mother could not get it as SMI.

I believe the maximum possible is:

A person living on their own can get the disregard, reducing them to an effective household of zero, and thus pay no Council Tax

If two persons are resident, then one of them can apply, reducing them to a single person household for tax purposes, this would mean they pay the single persons rate which is 75%
Just to add the exception to the rule:-
I live with my Mum, who gets SMI disregard, and I DO get 100% Carer disregard, as my only income is Carer's Allowance and Income Support.
This has no connection with Disability Living Allowance or anything else, the only reason I am unable to earn my own living (which I WOULD PREFER TO DO)
is because I look after Mum. These Council Tax disregards have been in place for 2 years now. Prior to this situation I worked full-time for 37 consecutive years (so I reckon the tax & NI payments I made in that time should entitle me to some support). I am 58 years old. *feel about 158 :(*
 

sue38

Registered User
Mar 6, 2007
10,849
52
Wigan, Lancs
Hurray!

My mum has finally heard from the Council Tax offices and she has the 25% discount. And it only took 5 and 1/2 months... :rolleyes:

It seems the delay was on the part of the consultant not sending the information to the Council Tax office. It has been backdated to the date of application, so no financial loss, just more phone calls and hassle.
 

Grannie G

Volunteer Moderator
Apr 3, 2006
71,740
Kent
Hello Sue

Good news. :)

When we got the discount for Dhiren we paid £47 per month for the full year. That`s how the rebate was given and it was lovely.
 

rose_of_york

Registered User
Mar 22, 2008
94
York
When applying for Attendance Allowance it's worth asking if the local authority has a benefits advisor who will help you with the forms.

My mother was granted exemption from council tax because of mental disorder before she was granted AA. An advisor helped me fill in the AA form, and my mother was given the higher rate even though she lives alone.

My mother is totally unaware that these forms were completed and also unaware that she is receiving the benefit and not paying the tax.