1. jikkie

    jikkie Registered User

    Aug 23, 2015
    64
    I have a leaflet from Alz Soc saying you have to be "entitled to AA" (amongst other things). Someone on this forum said you could get a rebate backdated to date of diagnosis.... my council said this morning you have to be in receipt of AA...

    I have just asked for a claim pack again, nothing arrived after more than 2wks. Then you have 6 weeks to complete the forms, then they take 6-8 weeks to decide.

    Is this all correct please? Or is there a postcode lottery.
     
  2. nitram

    nitram Registered User

    Apr 6, 2011
    18,274
    Male
    North Manchester
    To be eligible for a disregard of council tax due to SMI (Severe Mental Impairment) the person must be in receipt of at least one of a list of qualifying benefits, AA is included in this list.

    A doctor must also certify the entitlement.

    An application can be backdated to the 'this situation has applied since' date entered on the form provided that the applicant was in receipt of a qualifying benefit on that date.

    Date of diagnosis of any condition is irrelevant, the date the doctor certifies SMI is the deciding date,
     

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  3. Beate

    Beate Registered User

    May 21, 2014
    11,481
    Female
    London
    #3 Beate, Sep 14, 2015
    Last edited: Sep 14, 2015
    Attendance Allowance for the person with dementia is needs-based, not means-tested. Charities can help you fill it in. The claim pack they send you will have a date on it and if you fill it in within a certain time and it's granted, it will be backdated to this date, provided that the need has existed 6 months or longer already. Once it's granted you can indeed apply for council tax exemption on the grounds of severe mental impairment. Here the council sent us a form to be filled in by the GP. Under "date applicable from" he put date of diagnosis. The council accepted this.
     
  4. exhausted 2015

    exhausted 2015 Registered User

    Jul 5, 2015
    624
    Female
    stoke on trent
    Hello.. Sorry to latch on to this post but have been wondering about council tax reduction my dad lives with us but our names are on the council tax bill dad has mixed dementia and I think I have read somewhere that if a person living with you has dementia you may be entitled to a 20% reduction.. Can anyone confirm this... Thank you xx
     
  5. nitram

    nitram Registered User

    Apr 6, 2011
    18,274
    Male
    North Manchester
    SMI is a disregard, it reduces the occupancy by one.

    One occupant - no tax
    Two occupants - sole occupant - 25% reduction
    More than two - no change

    Assuming no means tested benefits which affect council tax are applicable.
     
  6. jikkie

    jikkie Registered User

    Aug 23, 2015
    64
    Factsheet 414 is available here.

    Sorry the forum wouldn't let me upload it.

    http://www.alzheimers.org.uk/site/scripts/documents_info.php?documentID=137
     
  7. jikkie

    jikkie Registered User

    Aug 23, 2015
    64
    Thanks for responses. So we have to await the AA process... which is very slow. I have chased the claim pack today. Actually I suspect the person I spoke to on 25 August simply did not action it, she was incredibly hostile. I mentioned this to the lady I spoke to this morning.
     
  8. Kevinl

    Kevinl Registered User

    Aug 24, 2013
    4,662
    Salford
    You don't need to be in receipt of AA, we're not and we get the discount. I filled in a form online the was asked to send a copy of the diagnosis letter, they said they might contact the doctor but I don't know if they did or not, I didn't get any forms signed.
    I got it backdated to the date od diagnosis so I paid no council tax for 9 months and they sent me a cheque for about £400.
    My understanding is anyone with a significant impairment is entitled and a diagnosis of AZ is sufficient qualification.
    Which council is it (if you don't mind saying) others may have experiences dealing with them. I don't think councils have any choice here it's you right to get the discount.
    K
     
  9. jikkie

    jikkie Registered User

    Aug 23, 2015
    64
    Its Cardiff.

    But I think CT rules vary, not just on this aspect, from one council to another. I remember having trouble with i think it was Wigan over a rental property that was vacant for a very short time between tenants. They said i couldnt have the exemption because the developer had had it, before selling it to me!

    Please look at the factsheet too Kevin.... I would love to know what the "law" is.
     
  10. Kevinl

    Kevinl Registered User

    Aug 24, 2013
    4,662
    Salford
  11. tryingmybest

    tryingmybest Registered User

    May 22, 2015
    612
    Female
    I'm a bit confused as I've been sent forms for Carers Disregard for myself not form Mum who now lives with me? X
     
  12. nitram

    nitram Registered User

    Apr 6, 2011
    18,274
    Male
    North Manchester
    Receipt of a qualifying benefit is also required.

    Local Government Finance Act 1992

    2.—(1) A person shall be disregarded for the purposes of discount on a particular day if—
    (a) on the day he is severely mentally impaired;
    (b) as regards any period which includes the day he is stated in a certificate of a registered medical practitioner to have been or to be likely to be severely mentally impaired; and
    (c) as regards the day he fulfils such conditions as may be prescribed by order made by the Secretary of State.
    (2) For the purposes of this paragraph a person is severely mentally impaired if he has a severe impairment of intelligence and social functioning (however caused) which appears to be permanent.

    (3) The Secretary of State may by order substitute another definition for the definition in sub-paragraph (2) above as for the time being effective for the purposes of this paragraph


    http://www.legislation.gov.uk/ukpga/1992/14/schedule/1



    Council Tax Discounts order 1992 SI 1992 no 548

    3.—(1) The condition prescribed for the purposes of paragraph 2(1)(c) of Schedule 1 to the Act is that the person in question is entitled to one of the qualifying benefits listed in paragraph (2) below.

    (2) The qualifying benefits for the purposes of paragraph (1) are—
    (a) an invalidity pension under section 33, 40 or 41 of the Social Security Contributions and Benefits Act 1992<5>;
    (b) an attendance allowance under section 64 of that Act;
    (c) a severe disablement allowance under section 68 of that Act;
    (d) the care component of a disability living allowance under section 71 of that Act, payable at the highest rate under section 72(4)(a) or at the middle rate under section 72(4)(b) of that Act;
    (e) an increase in the rate of his disablement pension under section 104 of that Act (increase where constant attendance needed);
    (f) a disability working allowance under section 129 of that Act for which the qualifying benefit is one falling within subsection (2)(a)(i) or (ii) of that section, or is a corresponding Northern Ireland benefit;
    (g) an unemployability supplement under Part I of Schedule 7 to that Act;
    (h) a constant attendance allowance under—
    (i) article 14 of the Personal Injuries (Civilians) Scheme 1983<6>; or
    (ii) article 14 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (including that provision as applied, whether with or without modifications, by any other instrument);
    (i) an unemployability allowance under—
    (i) article 18(1) of the Personal Injuries (Civilians) Scheme 1983<7>, or
    (ii) article 18(1) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (including that provision as applied, whether with or without modifications, by any other instrument).

    http://www.legislation.gov.uk/uksi/1992/548/article/3/made
     
  13. nitram

    nitram Registered User

    Apr 6, 2011
    18,274
    Male
    North Manchester
    "I've been sent forms for Carers Disregard for myself"

    You are not eligible for carers' disregard whilst caring for Mum.
    If your Mum is in receipt of a qualifying benefit ask for the correct form.
     
  14. jikkie

    jikkie Registered User

    Aug 23, 2015
    64
    mmm. having trouble finding the last bit... also "entitled" is not the same as "in receipt of"

    but how inequitable if the rules are different under different councils.

    Which council are you under Kevin?
     
  15. nitram

    nitram Registered User

    Apr 6, 2011
    18,274
    Male
    North Manchester
    "..also "entitled" is not the same as "in receipt of".."

    True, but the entitlement can only be proved by notification from the DWP that the benefit is to be paid.
     
  16. nitram

    nitram Registered User

    Apr 6, 2011
    18,274
    Male
    North Manchester
    "...how inequitable if the rules are different under different councils..."

    The rules are the same for all councils, there may have been a benefit other than AA in Kevinl's case. If not the LA made a mistake in his favour.
     
  17. Kevinl

    Kevinl Registered User

    Aug 24, 2013
    4,662
    Salford
    I qualify as my wife gets DLA middle rate, but I can't recall if I told them that.
    AA's for the over 65's only and that's still a few years away for my wife.
    K
     
  18. Scarlett123

    Scarlett123 Registered User

    Apr 30, 2013
    3,802
    Essex
    If someone receives DLA prior to their 65th birthday, they continue to get that after 65. This is a better benefit, because it also has a mobility component, whereas AA doesn't. So if your wife gets DLA middle rate, and her needs increase, she could apply for the higher rate, and if she has mobility needs, these would be recognised and she would benefit accordingly.
     
  19. Kevinl

    Kevinl Registered User

    Aug 24, 2013
    4,662
    Salford
    It's all going over to Personal Independence Payment these days and that still has a Mobility Component so who knows what the future holds when we get moved onto it.
    However, back to the OP it's Cardiff we're talking about and there website says you're disregards people "people who are severely mentally impaired " (link below) and to me a diagnosis of AZ is exactly that, as they have to backdate it I see it as being a bit of a "fobbing you off" push it eventually they have to pay up and it's backdated, to be polite they're just trying it on see if you want to jump through the hoops.
    Apologies to Cardiff Council if they're not "trying it on" but I feel a diagnosis of AZ constitutes a "severe mentally impaired". Maybe there is AZLite or some other form of the disease that only occurs in penny pinching south Wales council officers' minds.
    K
     
  20. jikkie

    jikkie Registered User

    Aug 23, 2015
    64
    Kevin, I would like to think so, but what Nitram has posted seems fairly definitive, as is Alz Soc's own factsheet. I cannot think of any grounds to base the argument on, beyond as you say, the mere fact of diagnosis.

    Next hurdle for me is filling in the AA form. First off, they never did send the form at my first request. Second request, after about 2 wks (as I was told the forms took 7-10 days to arrive), produced a claim pack by return post... but of course with the later date printed out. So 2 weeks down the swanny already. These guys are canny. Huh.

    I don't yet have LPA, so not totally sure it will be accepted that I will be the one filling it in (with plenty of help, thanks to local Alz Soc putting me in touch with someone at AgeConnect).

    I think they have a bit of a nerve demanding that everything you put has to have been the case for six months already, when everything takes so long.... hey ho.
     

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