Council Tax Liability On Attendance Allowance

Supernatural
Supernatural Posts: 148 Forumite
edited 2 September 2017 at 12:08PM in Benefits & tax credits
My mother found out this week she has been awarded the higher rate of Attendance Allowance after Age Concern helped her with applying. She lives with my father and they own their own home, they are both 76. They weren't paying any council tax due to receiving pension credit. This morning she has had a letter stating they now want £30.95 a week in council tax from them! I thought AA and DLA/PP wasn't counted when calculating their liability, is this right? She thought she'd be better off claiming AA, have the council made a mistake?

Any advice appreciated.
Strange women lyin' in ponds distributin' swords is no basis for a system of government
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Comments

  • poppy12345
    poppy12345 Posts: 17,931 Forumite
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    Supernatural wrote: »
    My mother found out this week she has been awarded the higher rate of Attendance Allowance after Age Concern helped her with applying. She lives with my father and they own their own home, they are both 76. They weren't paying any council tax due to receiving pension credit. This morning she has had a letter stating they now want £30.95 a week in council tax from them! I thought AA and DLA/PP wasn't counted when calculating their liability, is this right? She thought she'd be better off claiming AA, have the council made a mistake?

    Any advice appreciated.
    It's not counted because it's a non means tested benefit but each council have their own rules for Council Tax, even for those claiming benefits. Some ask you to pay a small amount and some don't but that amount sounds an awful lot. I'd ask them to ring their local council Monday morning.
  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
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    Supernatural wrote: »
    My mother found out this week she has been awarded the higher rate of Attendance Allowance after Age Concern helped her with applying. She lives with my father and they own their own home, they are both 76. They weren't paying any council tax due to receiving pension credit. This morning she has had a letter stating they now want £30.95 a week in council tax from them! I thought AA and DLA/PP wasn't counted when calculating their liability, is this right? She thought she'd be better off claiming AA, have the council made a mistake?

    Any advice appreciated.

    Are they still receiving guarantee Pension Credit?

    If they are then they should be still entitled to full council tax reduction.

    Have they had any change of circumstances? Any non dependants living with them?

    Attendance Allowance should make no difference.

    What does the letter actually say? Can you tell us which figures they have used and how they have worked out the amount they are asking for?
  • KxMx
    KxMx Posts: 10,597 Forumite
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    Even if that figure is correct, at £83.10 a week AA your mother is still better off (+£50 a week) than no AA & full CT paid.
  • xylophone
    xylophone Posts: 44,341 Forumite
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    edited 2 September 2017 at 1:07PM
    http://www.ageuk.org.uk/money-matters/claiming-benefits/council-tax-benefit/

    https://www.gov.uk/attendance-allowance/what-youll-get

    You could get extra Pension Credit, Housing Benefit or Council Tax Reduction if you get Attendance Allowance check with the helpline or office dealing with your benefit.

    Seems a bit odd to get less support!

    Contact the council to clarify.
  • Supernatural
    Supernatural Posts: 148 Forumite
    pmlindyloo wrote: »
    Are they still receiving guarantee Pension Credit?

    If they are then they should be still entitled to full council tax reduction.

    Have they had any change of circumstances? Any non dependants living with them?

    Attendance Allowance should make no difference.

    What does the letter actually say? Can you tell us which figures they have used and how they have worked out the amount they are asking for?

    I haven't actually seen the letter yet, just received an upset text this morning from mum :(

    They are still getting guarantee Pension Credit, the only change is the award of AA this week, which was backdated from July when the Age Concern lady filled it out and sent it. I didn't think it would affect their entitlement like this, it's Essex County Council if that makes anything clearer.

    Thanks for your help everyone, I have told them to contact Age Concern and the council on Monday, surely this isn't right :(
    Strange women lyin' in ponds distributin' swords is no basis for a system of government
  • Housing_Benefit_Officer
    Housing_Benefit_Officer Posts: 2,502 Forumite
    Combo Breaker First Post
    Guarantee Credit means 100% Council Tax Support for pensioners. There should be no change in their Council Tax Support. They have probably misunderstood the benefit award letter. It might say liability £30.65 per week and then in the calculation it should say award £30.65 per week.
    These are my own views and you should seek advice from your local Benefits Department or CAB.
  • Supernatural
    Supernatural Posts: 148 Forumite
    Housing_Benefit_Officer wrote: »
    Guarantee Credit means 100% Council Tax Support for pensioners. There should be no change in their Council Tax Support. They have probably misunderstood the benefit award letter. It might say liability £30.65 per week and then in the calculation it should say award £30.65 per week.

    Thanks for that, I'll check the letter myself, that might well be the case, they do get flustered with letters at times ;)
    Strange women lyin' in ponds distributin' swords is no basis for a system of government
  • Housing_Benefit_Officer
    Housing_Benefit_Officer Posts: 2,502 Forumite
    Combo Breaker First Post
    Supernatural wrote: »
    Thanks for that, I'll check the letter myself, that might well be the case, they do get flustered with letters at times ;)

    Most benefit notifications are confusing even when someone has attempted to change it into plain English.
    These are my own views and you should seek advice from your local Benefits Department or CAB.
  • CIS
    CIS Posts: 12,260 Forumite
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    They should also receive a new Council Tax demand notice - that will also show if there is anything to pay or not.

    Craig
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Supernatural
    Supernatural Posts: 148 Forumite
    CIS wrote: »
    They should also receive a new Council Tax demand notice - that will also show if there is anything to pay or not.

    Craig

    Oh blimey, I'll warn them about that one then before they get into another state. After going round the houses it should say nil if they still get the guarantee pension credit, right?

    My father has significant difficulties too and really should claim but it's things like this that put him off, shame really :(
    Strange women lyin' in ponds distributin' swords is no basis for a system of government
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