Benefits and Council Tax Disregard

Discussion in 'Legal and financial issues' started by Beth876, May 11, 2018.

  1. Beth876

    Beth876 New member

    May 11, 2018
    1
    Hi

    My Dad has received High Rate Mobility (DLA) and Low Rate Care (DLA) for over 20 years. However, he was diagnosed with dementia in 2014 and my mother (his main carer) was advised to apply for council tax disregard for severe mental impairment. I knew that my Dad needed to show eligibility for middle or high rate care to be eligible, but legislation states that the applicant doesn't have to be receiving the benefit only be able to show eligibility. My mother applied and provided the GP's certificate confirming his diagnosis.

    The application was promptly rejected for the reason that he wasn't receiving the HR Care. I pointed out to them that he doesn't have to receive the benefit only prove eligibility, but the Council didn't offer any information as to what they would accept as evidence that my father would be eligible.

    Has anyone had the same experience? Did you manage to get around the requirement to show eligibility,if not receiving one of the relevant benefits?

    I have advised my Dad about applying for a supersession of the DLA Care decision but he and my mother are concerned that they will remove/ reduce the mobility component as they rely heavily on their motability vehicle, since my Dad tires very easily when he's out and about.

    Anybody with experiences of the supersession process, in similar circumstances?

    Thank you
     
  2. Beate

    Beate Registered User

    May 21, 2014
    10,372
    Female
    London
    Martin Lewis agrees with you with regards to eligibility

    https://www.moneysavingexpert.com/n...r-severe-mental-impairment-heres-how-to-claim

    But as a layman I would be stumped to explain someone's eligibility for something they aren't receiving because my question would be, if he's eligible, why haven't you applied for it and why is he not receiving it? Wouldn't it be the easiest way then to apply for the middle or higher rate?

    Apologies if this is a stupid question.
     
  3. marionq

    marionq Registered User

    Apr 24, 2013
    4,620
    Female
    Scotland
    My husband was not receiving any benefits at all until he got firstly Attendance Allowance then using that we applied for CT reduction and with GP certificate to say when he had been diagnosed got it immediately.

    If his GP or consultant say he is eligible then he is whether you claim or not.

    Just to add - that link Beate gave is a good one and worth printing out for reference if you get more aggro.
     
  4. nitram

    nitram Registered User

    Apr 6, 2011
    15,908
    Male
    North Manchester
    #4 nitram, May 11, 2018
    Last edited: May 11, 2018
    Do you think his care needs have increased over the last 20 years to at least meet the Middle Rate requirement?

    There are three rates of care component depending on how your disability affects you:

    Lowest rate
    If you need help for some of the day or you are unable to prepare a cooked main meal.

    Middle rate
    If you need help with personal care frequently or supervision continually throughout the day only, or help with personal care or someone to watch over you during the night only, or someone with you while you are on dialysis.

    Highest rate
    If you need help or supervision frequently throughout the day and during the night
    .
    https://www.entitledto.co.uk/help/disability-living-allowance-care-component

    If yes ask CAB or AgeUK if applying for a supersession of the care component automatically means the mobility component will be reviewed at the same time.
    Even if it is It's difficult to see how somebody who has been receiving higher rate mobility component for 20 years would loose it, has his mobility increased?
     
  5. Ronnie2552

    Ronnie2552 New member

    Apr 26, 2018
    3
    Do I need to apply for carers allowance before applying for council tax rebate?My hubby receives high rate mobility allowance and I'm worried care allowance would reduce it..can anybody help?
     
  6. Beate

    Beate Registered User

    May 21, 2014
    10,372
    Female
    London
    No you don't.
     
  7. Ronnie2552

    Ronnie2552 New member

    Apr 26, 2018
    3
    Can I apply on line ? Must hubby goes everywhere with me and whilst he can acknowledge he has dementia he gets angry about other people knowing.
     
  8. Izzy

    Izzy Volunteer Moderator

    Aug 31, 2003
    56,655
    Female
    Dundee
  9. nitram

    nitram Registered User

    Apr 6, 2011
    15,908
    Male
    North Manchester
    #9 nitram, May 14, 2018
    Last edited: May 14, 2018
    Maybe, it depends on the LA
    They will need proof of eligibility for a qualifying benefit, high rate mobility allowance will not do.
    A form has also to be signed by a doctor, some LAs send the form for you to send to your GP, others ask for consent to send it to the GP themselves.

    As Izzy posted while I was typing this, look at you LA's website, be careful to talk about a disregard and not a discount.
     
  10. Ronnie2552

    Ronnie2552 New member

    Apr 26, 2018
    3
    Thank you .feel like I am running around in circles and getting nowhere.
     
  11. Beate

    Beate Registered User

    May 21, 2014
    10,372
    Female
    London
    It's not an online form. You contact your council tax department and ask for the SMI disregard form. That's a small form (a page or so) which you fill in in his name, tick which form of Allowance he receives and add when he was diagnosed, then take it to the GP for signature. Our council backdated the repayments to diagnosis three years earlier.
     
  12. nitram

    nitram Registered User

    Apr 6, 2011
    15,908
    Male
    North Manchester
    #12 nitram, May 14, 2018
    Last edited: May 14, 2018
  13. nitram

    nitram Registered User

    Apr 6, 2011
    15,908
    Male
    North Manchester
    If you post the name of your LA I'll have a look to see what info I can find.
     
  14. Duggies-girl

    Duggies-girl Registered User

    Sep 6, 2017
    808
    Hi @Beth876 My dad is in exactly the same position High rate mobility and low rate care for about 20 years. I am his only carer. I sent a 'change of circumstances' form to them eight weeks ago and I am still waiting.

    I really can't see them taking anything away from an 88 year old with mobility problems and declining dementia but it is a worry. I applied mainly so that I can get carers allowance as I get nothing at the moment. I have not even thought about the council tax disregard but I will look into that now.

    It is all a bit irrelevant in our case now as dad has been diagnosed recently with oesophagal cancer and apparently if I get his consultant or his doctor to fill in a Ds1500 form then he will get higher rate automatically.
     

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