MSE News: Families of severely mentally impaired people reclaim £1,000s from councils

Legacy_user · 5 December 2016 at 2:18PM

Family members of those with a 'severe mental impairment' have been reclaiming £1,000s in council tax overpayments...

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'Families of severely mentally impaired people reclaim £1,000s from councils, thanks to MSE'

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kjn1000 · 27 March 2017 at 12:19PM

Hi All

Hoping someone can help, I have just spoken to my mum who confirms that as my nan has alzheimers she doesnt pay council tax, however when i asked her if it was back dated she said that according to "Capita" who deal with all of this for Barnet council, it is not something Barnet council offer.

Does anyone know if the reclaiming council tax is voluntary or if Capita are wrong and my nan is entitled to it back dated since her diagnosis? All could go to paying for her carers

Thanks in advance
Katie

CIS · 27 March 2017 at 1:39PM

kjn1000 wrote: »

Hi All

Hoping someone can help, I have just spoken to my mum who confirms that as my nan has alzheimers she doesnt pay council tax, however when i asked her if it was back dated she said that according to "Capita" who deal with all of this for Barnet council, it is not something Barnet council offer.

Does anyone know if the reclaiming council tax is voluntary or if Capita are wrong and my nan is entitled to it back dated since her diagnosis? All could go to paying for her carers

Thanks in advance
Katie

It's not optional - there are no delegated powers regarding restricting any backdating where a person meets the relevant criteria (in fact, council tax itself has no backdating restrictions built in at all for discounts or exemptions).

Some local authorities (to which their outsourced agents are ultimately responsible) do however try and limit refunds using the limitation act 1980 http://lgfa92.co.uk/council-tax-backdating-and-the-limitations-act-1980/.

Craig

daviddee · 7 May 2017 at 3:20PM

Hi, we have recently found out that we should have been getting a disregard for our severely disabed daughter and for my wife as a carer. Our other two daughters were for most of the time they were living at home, either full time students or under 18. That left just one full time worker for the majority of the time since 1993.

We have got the doctors letter signed to say she is severely disabled and the council have accepted this.

If we claim for retrospective council tax disregards, does what you're saying mean, that even if allowed they will only go back six years?

Thanks in Anticipation.

CIS · 15 May 2017 at 4:44PM

They may try to do so under the Limitation Act - current Valuation Tribunal cases have found that there's nothing within council tax legislation itself to prevent backdating and the limitation act isn't a restriction on how far back a person can go, rather it's a limit on bringing a claim.

Ultimately the only way is to lodge a claim and appeal if required. The Tribunal can then make a binding decision - there hasn't been an appeal just about the SMI backdating that I'm aware of but other reductions which are handled in the same way have been (and have won).

Craig

daviddee · 19 May 2017 at 11:25AM

Thank you for your reply.

I will put in a claim and see how it goes. Not sure how to word the letter to the council yet, but at present getting together evidence of when my other kids were students and my wife claiming carers allowance.

CIS · 19 May 2017 at 11:33AM

daviddee wrote: »

Thank you for your reply.

I will put in a claim and see how it goes. Not sure how to word the letter to the council yet, but at present getting together evidence of when my other kids were students and my wife claiming carers allowance.

Just state that you wish to claim any appropriate disregards - provide a list of the disregard you wish to claim and the dates, including any evidence.

E.g

Mrs A Smith
Carers Disregard
XXX to XXX

Craig

ColinG2235 · 23 May 2017 at 2:55PM

Hi
Having been Medically Discharged from the British Army in 1997 with Chronic and Severe Post Traumatic Stress Disorder and Discociative Disorder for which I still suffer and receive treatment for some 20 years later, so Permanent.
Will I be able to claim Backdating to the 1997 diagnosis of Severe Mental Impairment and even though I have moved address several times, married and divorced. Meaning living with someone and living on my own. Paying full council tax.
Also is the reduction of 25% as well as / in addition to Disabled reduction for having an additional room solely for the use of a disabled person and their disability needs and adaptions.
Any help would greatly be appreciated as I too have carer payments which are getting higher as my physical disabilities deteriate.

P.S.
My thoughts go out to all those who have been tragically affected and lost loved ones by last nights cowardly act at the music concert in Manchester.

CIS · 23 May 2017 at 3:12PM

ColinG2235 wrote: »

Hi
Having been Medically Discharged from the British Army in 1997 with Chronic and Severe Post Traumatic Stress Disorder and Discociative Disorder for which I still suffer and receive treatment for some 20 years later, so Permanent.
Will I be able to claim Backdating to the 1997 diagnosis of Severe Mental Impairment and even though I have moved address several times, married and divorced. Meaning living with someone and living on my own. Paying full council tax.
Also is the reduction of 25% as well as / in addition to Disabled reduction for having an additional room solely for the use of a disabled person and their disability needs and adaptions.
Any help would greatly be appreciated as I too have carer payments which are getting higher as my physical disabilities deteriate.

P.S.
My thoughts go out to all those who have been tragically affected and lost loved ones by last nights cowardly act at the music concert in Manchester.

You can lodge a backdated claim - but you a) need a Dr to confirm it's permanent and b) you'd need a Dr to confirm a 'severe impairment of intelligence and social functioning' (both descriptors must be met) and c) be on a qualifying benefit for the time you want to claim for.

Craig

ColinG2235 · 23 May 2017 at 3:19PM

Hi Craig
Thankyou for your prompt reply. And for your time
I have had a quick look at my council area website and downloaded their form and can confirm i have been in reciept of an eligible benefit and i am confident that my Gp will sign the form as my mental impairment is of sufficient severity. I have got a GP appointment later on today.

I wonder if the council will pull the limitaions act card.
Is the discount as well as the Disabled reduction i wonder

Best regards

CIS · 23 May 2017 at 3:28PM

ColinG2235 wrote: »

Hi Craig
Thankyou for your prompt reply. And for your time
I have had a quick look at my council area website and downloaded their form and can confirm i have been in reciept of an eligible benefit and i am confident that my Gp will sign the form as my mental impairment is of sufficient severity. I have got a GP appointment later on today.

I wonder if the council will pull the limitaions act card.
Is the discount as well as the Disabled reduction i wonder

Best regards

The disabled band reduction is entirely separate,

I'm sure that the PTSD etc will qualify you for the 'social functioning' aspect but the 'severe impairment of intelligence' is usually the harder part for a Dr to justify. They have to justify both parts to be able to sign - if they can then you're good to go for the claim.

Craig

MSE News: Families of severely mentally impaired people reclaim £1,000s from councils

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