Smi

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  • Mersey_2
    Mersey_2 Posts: 1,679 Forumite
    kingfisherblue wrote: »
    Do you have a link for further information please Mersey? My dad had dementia, but I don't think that any of us had ever heard of SMI. It's some years since my dad passed away, and I assume that they will only backdate to a specific date, hence my query.

    Thanks x



    Hi, kingfisherblue. Here's the MSE smi article (the MLMS programme should also be available online for a month or two if you meant that):


    www.moneysavingexpert.com/news/reclaim/2017/09/due-a-council-tax-discount-for-severe-mental-impairment-heres-how-to-claim


    Good Luck. My late Grandad received the 100% discount for dementia and on the programme many relatives gained the refund after emailing the local authority (but as said upthread, sadly some Council staff appear unaware of the smi rebate for CT)
    Please be polite to OPs and remember this is a site for Claimants and Appellants to seek redress against their bank, ex-boss or retailer. If they wanted morality or the view of the IoD or Bank they'd ask them.
  • kingfisherblue
    kingfisherblue Posts: 9,203 Forumite
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    Thank you both. I only found out about it last year. My dad died in 2003, so some time ago now.
  • CIS
    CIS Posts: 12,260 Forumite
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    kingfisherblue wrote: »
    Thank you both. I only found out about it last year. My dad died in 2003, so some time ago now.

    You could try for it but I'd expect that the council would say no in my experience and you'd have to fight it. It could be possible to construct an argument if you could show the local authority had an idea at the time that SMI should have applied buy they hadn't followed it up, that argument has worked before in a backdating case.
    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.
  • kingfisherblue
    kingfisherblue Posts: 9,203 Forumite
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    CIS wrote: »
    You could try for it but I'd expect that the council would say no in my experience and you'd have to fight it. It could be possible to construct an argument if you could show the local authority had an idea at the time that SMI should have applied buy they hadn't followed it up, that argument has worked before in a backdating case.

    Thanks CIS. The council arranged for my dad to attend a day centre, and they put carers in place as well. Twice he was placed in respite care because he fell and ended up in hospital, and the second time it was a place that specialised in dementia care (dreadful place - we brought him home after two days because of fears for his safety).

    The council also provided a bath board through OT, but as it is so long ago, I think it would be difficult to prove that we didn't know about the SMI rule. Also, I doubt if we could prove that the council should have informed my mum. I don't think that she would cope well with a battle, and as a carer myself (and slowly becoming my mum's carer for more and more aspects of her life), I don't think that I have the energy to fight it either.

    Although I feel that it is too late for my mum to receive a backdated refund, I hope that the information is helpful to others.
  • CIS
    CIS Posts: 12,260 Forumite
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    Although I feel that it is too late for my mum to receive a backdated refund, I hope that the information is helpful to others.

    It's not too late to try - the fact that council may have been aware he was SMI can shift the onus on them to them. Legally, it's for the council to make checks to see if anyone is entitled to a discount - there has been at least one past case where backdating was given because the council failed to follow up on information they had held from the last 90's. It's not a huge task to apply for it and see what the say, the only difficult is having it worded correctly - you can then always choose what do at that point.

    I always tell me clients to have it questioned first with the council, with help if need be, and then consider whether they want a tribunal or not based on the response from the council. Some councils will concede after one letter, others will say "no, you'll need a tribunal".
    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.
  • AnnAnd_3
    AnnAnd_3 Posts: 3 Newbie
    He pays single occupancy council tax
  • AnnAnd_3
    AnnAnd_3 Posts: 3 Newbie
    He is in a flat (single occupancy) within a sheltered complex.
  • CIS
    CIS Posts: 12,260 Forumite
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    AnnAnd wrote: »
    He pays single occupancy council tax

    That is no barrier to the disregard and exemption being applied. Providing that all of the occupiers are disregarded as SMI then a Class U exemption can be applied for.
    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.
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