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  • FIRST POST
    • MSE Callum
    • By MSE Callum 5th Dec 16, 1:18 PM
    • 272Posts
    • 33Thanks
    MSE Callum
    MSE News: Families of severely mentally impaired people reclaim £1,000s from councils
    • #1
    • 5th Dec 16, 1:18 PM
    MSE News: Families of severely mentally impaired people reclaim £1,000s from councils 5th Dec 16 at 1:18 PM
    Family members of those with a 'severe mental impairment' have been reclaiming £1,000s in council tax overpayments...
    Read the full story:
    'Families of severely mentally impaired people reclaim £1,000s from councils, thanks to MSE'

    Click reply below to discuss. If you havenít already, join the forum to reply. If you arenít sure how it all works, read our New to Forum? Intro Guide.
    Last edited by MSE Luke; 05-12-2016 at 4:15 PM.
Page 1
    • kjn1000
    • By kjn1000 27th Mar 17, 12:19 PM
    • 13 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
    • 9,862 Posts
    • 5,637 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
    • 9,862 Posts
    • 5,637 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
    • 9,862 Posts
    • 5,637 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
    • 9,862 Posts
    • 5,637 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
    • 9,862 Posts
    • 5,637 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.
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