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    • kjn1000
    • By kjn1000 27th Mar 17, 12:19 PM
    • 17 Posts
    • 8 Thanks
    kjn1000
    • #2
    • 27th Mar 17, 12:19 PM
    Reclaiming Council Tax on behalf of nan
    • #2
    • 27th Mar 17, 12:19 PM
    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
    • By CIS 27th Mar 17, 1:39 PM
    • 10,064 Posts
    • 5,749 Thanks
    CIS
    • #3
    • 27th Mar 17, 1:39 PM
    • #3
    • 27th Mar 17, 1:39 PM
    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
    Originally posted by kjn1000
    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
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
    • daviddee
    • By daviddee 7th May 17, 3:20 PM
    • 32 Posts
    • 4 Thanks
    daviddee
    • #4
    • 7th May 17, 3:20 PM
    Council tax refunds
    • #4
    • 7th May 17, 3:20 PM
    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
    • By CIS 15th May 17, 4:44 PM
    • 10,064 Posts
    • 5,749 Thanks
    CIS
    • #5
    • 15th May 17, 4:44 PM
    • #5
    • 15th May 17, 4:44 PM
    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
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
    • daviddee
    • By daviddee 19th May 17, 11:25 AM
    • 32 Posts
    • 4 Thanks
    daviddee
    • #6
    • 19th May 17, 11:25 AM
    • #6
    • 19th May 17, 11:25 AM
    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
    • By CIS 19th May 17, 11:33 AM
    • 10,064 Posts
    • 5,749 Thanks
    CIS
    • #7
    • 19th May 17, 11:33 AM
    • #7
    • 19th May 17, 11:33 AM
    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.
    Originally posted by daviddee
    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
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
    • ColinG2235
    • By ColinG2235 23rd May 17, 2:55 PM
    • 2 Posts
    • 0 Thanks
    ColinG2235
    • #8
    • 23rd May 17, 2:55 PM
    Smi ptsd
    • #8
    • 23rd May 17, 2:55 PM
    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
    • By CIS 23rd May 17, 3:12 PM
    • 10,064 Posts
    • 5,749 Thanks
    CIS
    • #9
    • 23rd May 17, 3:12 PM
    • #9
    • 23rd May 17, 3:12 PM
    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.
    Originally posted by ColinG2235
    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
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
    • ColinG2235
    • By ColinG2235 23rd May 17, 3:19 PM
    • 2 Posts
    • 0 Thanks
    ColinG2235
    reply
    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
    • By CIS 23rd May 17, 3:28 PM
    • 10,064 Posts
    • 5,749 Thanks
    CIS
    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
    Originally posted by ColinG2235
    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
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
    • SandraScarlett
    • By SandraScarlett 28th Jul 17, 4:24 PM
    • 3,897 Posts
    • 28,655 Thanks
    SandraScarlett
    After my late husband had suffered with Alzheimer's Disease for many years, I read about this little-known discount on here. I applied, and because I had a letter from the consultant, confirming my husband's diagnosis, dated several years previously, the 25% refund was back dated accordingly.


    It only took a couple of weeks for the claim to be approved and we received over £2,000 very promptly. That paid for many extra hours of care for him, as I had to pay £9 per hour for him to attend a Day Centre.


    I've advised several people about this discount. Nobody knew about it, and everyone has been successful in their application.
    • Babushka50
    • By Babushka50 9th Aug 17, 6:12 PM
    • 1 Posts
    • 0 Thanks
    Babushka50
    I have a query about council tax payment and debts,my daughter has had problems for years with this.Last year my daughters partner died by suicide on 28th March.My daughter was severely affected by this and was receiving crisis mental health help and was away from home for several months and her 6 year old son was with me.Once she returned home she was still unwell and just about managing somehow to get through the days.In December of last year she had a bailiffs letter throyugh the door stating that she had to pay £2100 for non payment if council tax,this had to be paid immediately immediately to prevent seizure of goods,naturally this did nothing to help her mental health.I paid the debt and went in to try and speak to someone about it.I explained what had happened and that my daughter was not well enough to deal with it.My daughter could nit understand why it hadnt been paid as it was always done by direct debit,she didnt know if shed had previous letters about non payment due to her mental state,she eventually went in to try and sort it out but broke down while she was there.She was however told that because her partner had previously left the home,which she had informed them of,they stop taking the direct debits but hadnt informed her of this.I have finally got permission for myself to deal with this matter and wondered if anyone had any advice as to wether we can claim this £2100 back due to the circumstances,bearing in mind that her boyfriend died 4 days before council tax should have begun being paid for that year,understandably this was the last thing on either of our minds.
    • CIS
    • By CIS 9th Aug 17, 6:52 PM
    • 10,064 Posts
    • 5,749 Thanks
    CIS
    I have a query about council tax payment and debts,my daughter has had problems for years with this.Last year my daughters partner died by suicide on 28th March.My daughter was severely affected by this and was receiving crisis mental health help and was away from home for several months and her 6 year old son was with me.Once she returned home she was still unwell and just about managing somehow to get through the days.In December of last year she had a bailiffs letter throyugh the door stating that she had to pay £2100 for non payment if council tax,this had to be paid immediately immediately to prevent seizure of goods,naturally this did nothing to help her mental health.I paid the debt and went in to try and speak to someone about it.I explained what had happened and that my daughter was not well enough to deal with it.My daughter could nit understand why it hadnt been paid as it was always done by direct debit,she didnt know if shed had previous letters about non payment due to her mental state,she eventually went in to try and sort it out but broke down while she was there.She was however told that because her partner had previously left the home,which she had informed them of,they stop taking the direct debits but hadnt informed her of this.I have finally got permission for myself to deal with this matter and wondered if anyone had any advice as to wether we can claim this £2100 back due to the circumstances,bearing in mind that her boyfriend died 4 days before council tax should have begun being paid for that year,understandably this was the last thing on either of our minds.
    Originally posted by Babushka50
    In respect of payment of the amount in itself then a vulnerability wouldn't affect the fact that the payment was due however if there's a discount or exemption which should have been in place then vulnerability can certainly assist with the backdating.

    When the council stopped taking a direct debit then, depending on the exact circumstances of the council tax accounts, a new demand notice would usually be issued. Even if it wasn't then, before an enforcement agent could be used, there would be at least one reminder, a court summons and a 7 days notice of action from the agent before they attended the property.

    Craig
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
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