Council Tax Rebate - important

[Gwendy1]

When I applied for dad when he was at home, he didn't get the discount for the first 2 years.. Something to do with the 'severe impairment' box not being ticked.. When mum died, I tried again, and got it, I asked about the previous years, and was told 'no luck' (I'm paraphrasing!) .. I should've pushed it probably. They blamed the GP.


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[Rodelinda]

My mother, with dementia, lives with my partner and me so there are two adults in the house so no exemption. But as we have a room exclusively for her use (she lives and sleeps in a room downstairs) and also built her a small downstairs bathroom, we have a council tax discount that moves us down one band (ie if the house is in F, get charged as if E) etc.

I've taken the next bit from the Mid Suffolk DC website: "if you or someone who lives with you needs an additional room to meet their special needs (for example, an extra bathroom or kitchen or other room) you could qualify for a reduction in your council tax.

The criteria that must be met is as follows: A room predominately used by or to meet the needs of the disabled person or An additional bathroom or kitchen or A wheelchair used indoors."

MIght be worth checking out. It was a simple form and no-one came round to check. Sue

 

[Steve115]

Thanks for the link Kevin.

I have just completed the application on the basis that I am a Carer for someone in receipt of full AA. No request for date of any diagnosis but have had to attach a copy of the DWP letter making the award. I assume that any discount will be applied as at the date of the award commencing.

 

[Kevinl]

Thanks for the link Kevin.

I have just completed the application on the basis that I am a Carer for someone in receipt of full AA. No request for date of any diagnosis but have had to attach a copy of the DWP letter making the award. I assume that any discount will be applied as at the date of the award commencing.

AA is one of the qualifying benefits for a disregard so that should be it. The date on the letter is the point at which the LA should have stopped collecting that part of the CT so it should be backdated as per the Local Government Finance Act 1992.
You don't say if you're a carer for a spouse or not if you can meet the conditions (below) your not eligible for CT either:

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

K

 

[jknight]

Mum has a diagnosis of Alzheimer's and has been prescribed Donepizal by the consultant psychiatrist at the Memory Clinic. She is also in receipt of Attendance Allowance.
Today, I have received a letter from the council saying my application has been refused as the doctor has confirmed that Mum is NOT severely mentally impaired. Mum has carers and meals on wheels as she needs supervision with medication and can no longer cook for herself. She cannot shop independently and is housebound unless taken out by somebody.
The council say I can appeal (they have already had proof of AA) but can anybody advise me of the best way forward? Do I approach the GP? The Dementia Advisory Service & the Memory Clinic have both said, previously, reciept of AA should be evidence enough

 

[nitram]

Receipt of a qualifying benefit, AA in this case, is not an entitlement to SMI, many people in receipt of such benefits are not mentally impaired.

In addition to receipt of benefit a medical practitioner has to sign 'They have a severe impairment of intelligence and social functioning' or similar.

Contact the GP, they may have just ticked the wrong box.

 

[jknight]

Receipt of a qualifying benefit, AA in this case, is not an entitlement to SMI, many people in receipt of such benefits are not mentally impaired.

In addition to receipt of benefit a medical practitioner has to sign 'They have a severe impairment of intelligence and social functioning' or similar.

Contact the GP, they may have just ticked the wrong box.

Thanks, Nitram

 

[fizzie]

Mum has a diagnosis of Alzheimer's and has been prescribed Donepizal by the consultant psychiatrist at the Memory Clinic. She is also in receipt of Attendance Allowance.
Today, I have received a letter from the council saying my application has been refused as the doctor has confirmed that Mum is NOT severely mentally impaired. Mum has carers and meals on wheels as she needs supervision with medication and can no longer cook for herself. She cannot shop independently and is housebound unless taken out by somebody.
The council say I can appeal (they have already had proof of AA) but can anybody advise me of the best way forward? Do I approach the GP? The Dementia Advisory Service & the Memory Clinic have both said, previously, reciept of AA should be evidence enough

I would check with the GP that is what they meant to say - it was probably the practice manager who ticked the box!!! and then I would ask the council if a letter will support your application and write a letter to the council saying that because of her dementia she is not independent because of her severe mental impairment with a brief description as you have given us above
Really a diagnosis of dementia usually does the trick with no queries

 

[Kevinl]

It's probably worth mentioning that the GP cannot charge for signing the form, some try to (see link below) this is a breach of their NHS contract.
The problem is if the GP doesn't see it as "severe" but mild or moderate then they that's the box they'll tick and it is a subjective opinion.
K

http://forum.alzheimers.org.uk/showthread.php?66733-GP-charged-for-Council-Tax-Disregard-form

 

[Georgina63]

Exemption from council tax

My parents both have AD and both are in receipt of higher level of Attendance Allowance which gives full exemption from Council tax. Gx

 

[fizzie]

It's probably worth mentioning that the GP cannot charge for signing the form, some try to (see link below) this is a breach of their NHS contract.
The problem is if the GP doesn't see it as "severe" but mild or moderate then they that's the box they'll tick and it is a subjective opinion.
K

http://forum.alzheimers.org.uk/showthread.php?66733-GP-charged-for-Council-Tax-Disregard-form

We filled in the form and asked the doctor to sign it! Have a really nice doctor though x

 

[Lorna44]

No one ever told us this!! Wonder if I could get it backdated 3 years....

 

[fizzie]

No one ever told us this!! Wonder if I could get it backdated 3 years....

ours was backdated almost 4 years

 

[jknight]

I would check with the GP that is what they meant to say - it was probably the practice manager who ticked the box!!! and then I would ask the council if a letter will support your application and write a letter to the council saying that because of her dementia she is not independent because of her severe mental impairment with a brief description as you have given us above
Really a diagnosis of dementia usually does the trick with no queries

Thanks Fizzie x

 

[Kjn]

My parents was never backdated.

 

[Kevinl]

I got about 3 years too so nearly £1k.
K

 

[fizzie]

Thanks Fizzie x

you just have to make sure that the right date goes on the form which is why i filled it all out for the doctor and wrote a covering letter

 

[Kevinl]

My parents was never backdated.

Then the LA took the money in breach of the 1992 Local Government Finance Act (as in my earlier post). Collecting money from someone ineligible isn't allowed and the fact it's from someone with an SMI is reprehensible. I'd be asking for my money back if I were you.
Unless you're unlucky enough to have an LA that makes you do it on the phone I'd do it in writing or by e-mail, you can be told anything on the phone, people are more careful when it comes to putting it in writing.
You would need dated proof there was a severe mental impairment not just a memory loss or memory issues but an SMI, after that by law the PWD was no longer counted for council tax purposes and the money was therefore collected outside the law.
I got a backdated rebate to the date on the letter from the memory clinic consultant to the GP stating my wife had a SMI, I also got DLA and mobility allowance backdated to the same date without an issue.
K

 

[Kjn]

My dad was still living at home not care home , diagnosed 08 but only got reduction last yr /this yr. date of diagnosis was on form and sent onto GP for signing . I filled form in.
Perhaps diff if in care home or various authorities . The LA they are living under having no funding unlike next LA 20fr away from boundary.

 

[Kevinl]

My dad was still living at home not care home , diagnosed 08 but only got reduction last yr /this yr. date of diagnosis was on form and sent onto GP for signing . I filled form in.
Perhaps diff if in care home or various authorities . The LA they are living under having no funding unlike next LA 20fr away from boundary.

No, the law is the law no matter where you live in England. From the written date an SMI was stated the LA should have stopped charging council tax, anything else is illegal, they cannot by law levy CT on someone who is exempt under the 1992 Act.
They could claim they didn't know and that's fine but as the expression goes "ignorance of the law is no excuse".
Again from the same 1992 act;
"Section 2; Liability to tax determined on a daily basis.
(1)Liability to pay council tax shall be determined on a daily basis."
So from the day you can prove that an SMI existed the liability for CT ended so they have to backdate to then.
K