Council Tax - Parents not living at home due to terminal illness

dfarry

My father has been diagnosed with cancer and only has a few weeks, perhaps months to live, as a result he and my mother have moved in with my sister from Kent to London. It's a far from ideal situation as my father sometime can't get up the stairs to the bathroom or bed) but at the moment is the only way we can ensure that they are both looked after (otherwise they would be isolated about 40 miles away from any of our family).

This has been the case for about 8 weeks now and will continue to be so, when my father dies (which is sadly inevitable) their small 3 bed end of terrace house will probably be sold.

At the moment Social Services in Bexley have been doing a good job supporting us, it's somewhat ironic that Swale council in Kent are doing nothing but they are still insistent that my parents pay full council tax.

My mother has called Swale Council but was told unless the house was empty of furniture and not habitable the full council tax would still be payable.

My father is 75 and my mother 70, they have a small amount of savings and get a pension, their total monthly income is about £900 but they are by no means rolling in cash.... they have tried to get a rebate but they have been unsuccessful and as a result they continue to pay £109 in council tax each month. I just wondered if this is correct it does seem quite harsh for a genuine case like this.

Thanks for your help.

sleepless_saver

Macmillan Cancer Support have local benefits advisers who should be able to help ensure your family get all the benefits they are entitled to if you call them up. They are real experts on financial help for people with cancer. See this link for contact details.

If he is not getting it already, your father should get top rate attendance allowance (about £67 a week) if he is terminally ill. The claims process is fast streamed for people who are terminally ill. Have they applied for council tax benefit on grounds of income, as well as seeking exemption because the property is empty? If not, it would be worth trying.

The empty property/no funiture rule does seem unfair and I don't think it's the same everywhere, maybe their local councillor could help get council officials to reconsider on compassionate grounds.

sleepless_saver

Forgot to say that receiving higher rate attendance allowance will make it more likely that they are entitled to council tax benefit. The attendance allowance is not counted as income PLUS because of it some of the other income they do have is discounted in the benefit calculation.

LittleVoice

They should at least be entitled to the (I think, 25%) reduction for single occupancy. (I know that in fact the property is not occupied, but that would be something wouldn't it?)

Though not at the top of your list of things to do, perhaps, do make sure that the buildings/contents insurers are aware that the house is unoccupied.

CIS

A 25% discount would apply if the property ceased to be the sole or main residence of one of the current occupiers.

I notice that your father is 75 and your mother is 70 - bearing in mind that your father is terminally ill, does your mother need help and support due to her age ?

If a property is left un-occupied because the occupiers have moved out to live elsewhere as they need care due to old age, illness etc then the property they have left is exempt from Council Tax. I would suggest that if this is the case then you apply to the council for a Class I exemption from when they left the house.

Debt_Free_Chick

As others have said, there is no relief from CT in these circumstances, but the key is "other benefits" that often result in CT benefit e.g. attendance allowance.

I second the suggestion that you contact Macmillan - they may be able to offer other support too, either directly to your father or to the wider family network.

Being completely practical for a moment, have you all considered whether it might be suitable for him to spend his last few weeks in a hospice? Again, Macmillan should be able to advise whether this is viable and talk through the different options.

Oldernotwiser

LittleVoice wrote: »

They should at least be entitled to the (I think, 25%) reduction for single occupancy. (I know that in fact the property is not occupied, but that would be something wouldn't it?)

I tried that when we were between houses but was told that it wasn't possible, even though house number 1 was unoccupied!

elmer

CIS is correct, your parents need to apply for an exemption on the grounds that they require care away from home. This requires a letter from a doctor confirming that they are away from home to receive care.

This should result in a full exemption without the need to remove any furniture and there is no time limit on it. Please speak to the council and request an application form, it should be fairly straightforward.

Happy Christmas

Elmer

zzzLazyDaisy

According to the Swale BC website this exemption is only available if the person has moved home to receive personal care in a hospital or care home (section E)

http://www.swale.gov.uk/index.cfm?articleid=1548

But I'd suggest that you challenge this, as your parents have moved away to receive personal care, even though this is being provided by family rather than an institution.

I'd make the claim under Section E. This form, taken from the Enfield website, tells you what information you need to provide.

http://www.enfield.gov.uk/59/Council%20Tax%20Exemption%20form%20-%20People%20Receiving%20Care.pdf

If the claim for exemption is refused, it would be worth checking out other authorities (just google Council Tax care away from home) print off what it says on their websites and ask your MP to investigate, and/or make a complaint to the ombudsman)

CIS

The Council website in right about the Class E however it should also mention the Class I exemption. - Council Tax (Discount Disregards) Order 1992 defines Class I as :

Class I: an unoccupied dwelling which was previously the sole or main residence of a qualifying person who-

• (a) has his sole or main residence in another place (not being a hospital, residential care home, nursing home, mental nursing home or hostel within the meaning of paragraphs 6, 7 or 8 of Schedule 1 to the Act) for the purpose of receiving personal care required by him by reason of old age, disablement, illness, past or present alcohol or drug dependence or past or present mental disorder; and

• (b) has been a relevant absentee for the whole of the period since the dwelling last ceased to be his residence;

If you tried to claim under a Class E exemption you would fail straight away as not being resident in care home.hospital or similar.

dfarry

Hi all.... really sorry for not applying sooner... for some reason I am not receiving MSE email subscription mails (need to try to work out why that is)... also I have been extremely busy and with everything going on forgot about the thread.

There is some great advice here, really appreciate it! I think that there is just one CT payment to make now but I will investigate the "I" exemption further.

The MacMillan nurse and Bexley social services have been (from what I have seen) doing a brilliant job - I haven't met them personally because I am out at work when they visit but going by what I have been told they are doing everything they can. Also Bexley social services/care trust have been very supportive. We are also fortunate to have a nearby hospice where my dad can spend a day a week (or possibly more depending on his condition).

Unfortunately his condition is worsening, he is so weak now that he can barely walk most days - I don't think he has long now _pale_