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  • FIRST POST
    • 79Hoodedclaw
    • By 79Hoodedclaw 1st Oct 17, 2:43 PM
    • 5Posts
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    79Hoodedclaw
    Severely Mentally Impaired Tax Discount
    • #1
    • 1st Oct 17, 2:43 PM
    Severely Mentally Impaired Tax Discount 1st Oct 17 at 2:43 PM
    Hi

    I was listening to Radio 4 yesterday when Martin was dicussing the Severely Mentally Impaired Tax Discount.
    Would my uncle be able to claim for this if his wife is already in a home ,she can't walk,can't fee herself and has to be lifted to the toilet,suffers from fits and the agencies wont give us any help.

    Thanks

    Neil
Page 1
    • IAmWales
    • By IAmWales 1st Oct 17, 2:47 PM
    • 1,864 Posts
    • 3,882 Thanks
    IAmWales
    • #2
    • 1st Oct 17, 2:47 PM
    • #2
    • 1st Oct 17, 2:47 PM
    She is not resident in the property so an SMI exemption would not apply. Your uncle should apply for the single occupier discount and check if he is entitled to any means tested benefits.
    • elsien
    • By elsien 1st Oct 17, 2:48 PM
    • 15,444 Posts
    • 38,795 Thanks
    elsien
    • #3
    • 1st Oct 17, 2:48 PM
    • #3
    • 1st Oct 17, 2:48 PM
    It's a council tax discount. So if your uncles wife is already in a care home, then he's not going to be able to claim for her at his address because she's not there. And council tax for the Care home would be included in the care home fees.
    It's a little unclear what you mean when you say the agencies aren't giving any help - if aunt is in a care home are you referring to help for uncle? Is aunt a self funder?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • CIS
    • By CIS 1st Oct 17, 3:45 PM
    • 10,125 Posts
    • 5,801 Thanks
    CIS
    • #4
    • 1st Oct 17, 3:45 PM
    • #4
    • 1st Oct 17, 3:45 PM
    It depends if the care home residence is expected to be permanent.

    If it isn't then she is still regarded as living at the residential address for council tax purposes and eligible to apply for any discounts in respect of that property.

    I'd imagine the residency is expected to be permanent though and therefore she is not resident at the residential address. The uncle would therefore be the sole occupier and eligible for any reductions on those grounds.

    There may however be grounds for claiming a reduction prior to the date she moved out of the property on a permanent basis.
    Last edited by CIS; 02-10-2017 at 1:47 PM.
    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.
    • Mersey
    • By Mersey 2nd Oct 17, 1:41 PM
    • 1,637 Posts
    • 781 Thanks
    Mersey
    • #5
    • 2nd Oct 17, 1:41 PM
    • #5
    • 2nd Oct 17, 1:41 PM
    Hi

    I was listening to Radio 4 yesterday when Martin was dicussing the Severely Mentally Impaired Tax Discount.
    Would my uncle be able to claim for this if his wife is already in a home ,she can't walk,can't fee herself and has to be lifted to the toilet,suffers from fits and the agencies wont give us any help.

    Thanks

    Neil
    Originally posted by 79Hoodedclaw

    If you mean apply to the Council to reclaim Council Tax payments made - which Martin mentioned - then yes (for presumably before your Uncle moved into the care home).
    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.
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