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

dfarry

My mother called Swale council today and was told... no sorry.... you are not entitled to any exemption.

Undeterred I called them and spoke to someone who seemed to know what she was talking about. I explained the situation and she agreed that a Class I exemption was most likely in my parents case. However I would need to send a formal letter to them with details/date of the events over the past few months. From there a supervisor would review the case, if the exemption is appropriate my parents will receive a backdated refund of their council tax.

It sounds quite hopeful actually so I really want to thank everyone for their advice, I'll let you know how things develop.

Cheers

Dan

dfarry

A brief update....

Unfortunately my father, just after Xmas was admitted to a local hospice.... he died last week.

In the meantime I duly sent off my letter to Swale council and waited...... last week after the death I called them and spoke to a person who was ADAMANT..... no refund and my letter was insufficient...

The only time the case will be considered is when they receive a letter from a healthcare professional (GP etc.) confirming that my father had to be admitted to hospital and cared for by my mother and family (sister) and that to do this is was necessary for him to move and live with my sister. In addition the letter would need to detail why my mother had to move with my father to provide this care at my sisters home (to be honest my mother having received heart bypass surgery needs care and support herself).

The person I spoke to admitted it seemed harsh but they are the rules!!

So looks like yet another thing my mum will have to chase around for (as if there isn't enough for her to deal with)... I just hope her GP is willing to help as we are talking about £1000 in saved council tax here if an exemption applies.

In the meantime Swale Council have notified my mum that she will get a 25% single occupancy discount... great!

I'm not happy with Swale and the bureaucracy of council tax rules when it comes to genuine cases.

sleepless_saver

So sorry to hear about your loss.

CIS

There is nothing in the rules for Class I which states that a doctors letter is needed, only Class U exemptions have this requirement. I would challenge it with the council by direct reference to the Exempt Dwellings Order 1992.

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;

chunkboy

Sorry to hear of your loss.

I work in a Council Tax section and I agree with CIS, I'd appeal in writing to your council with direct reference to Class I exemption, pointing out that both your mother and father required care elsewhere. If you are still unsuccessful you could take it to your local valuation tribunal.

dfarry

Thank you to you both.

My mum has not been to the doctor yet anyway... as she's been busy with funeral arrangements (that's been a saga too).

Can you confirm what exemption Class U is please, does it relate to unoccupancy due to death.... perhaps thats where the letter came in? Either it is pretty poor really that apart from everything else you have to chase around after doctors for letters just to try keep the council happy.

I will give them another try tomorrow if I get time and refer to the Exempt Dwellings Order... if no joy I will right a formal letter of comment (bearing in mind of course that my first letter sent some weeks ago has still not been answered, other than the subsequent telephone conversation).

Thanks

mollymoo12

Sorry to hear about your loss.

Class U is an exemption for the severely mentally impaired, it was just being used as an example of an exemption that needs a doctors certificate, which Class I does not.

I agree with what has been said earlier. The council should not be making things this difficult for you. The regulations they have to follow are quite clear - if they have no reason to believe that an exemption does not apply, they then have to grant it. They should accept what you have put in your letter if you have given an outline of your mother's health problems and why she needs to leave her home to receive care elsewhere.

I would certainly think about going to appeal with the Valuation Office if you are not granted the exemption.

dfarry

This was the letter I sent them before my father died... do you think it covers all the points adequately?

I am writing regarding the above council tax account and the current occupation status of the property.

For the past two months the property has been unoccupied due to the fact that my father (Mr. XXXXXX) was diagnosed with terminal cancer and has been receiving treatment away from home. When my mother (Mrs. XXXXXX) called your office to enquire about claiming an exemption from paying council tax she was advised that it would not be possible unless the property was unfurnished. I then queried what she had been told and was advised to write to you as a Class E and/or Class I exemption may be applicable.

I have summarised key dates below to help you assess this case with a view to applying a council tax exemption and issuing a backdated refund to my parents:-

08/11/2008 Following diagnosis of a tumour my father was admitted to the Medway Hospital as an emergency case.
22/11/2008 Further tests confirmed the full extent of my father’s illness; however he was well enough to be discharged into the care of my mother and sister. My parents then stayed at my sisters home - XXXXXXXXXXX and registered with a local GP. Additional support was provided by community services in the London Borough of Bexley (District and MacMillan Nurses) and during this time full attendance allowance was received.
30/12/2008 My father’s condition had deteriorated and he was admitted as an inpatient to the Bexley and Greenwich Cottage Hospice where he currently receives palliative care. My father’s condition is now so acute that he is unlikely to leave the hospice. My mother who herself needs care after having heart surgery four years ago will now remain permanently in London and the property in XXXXXXX will stay unoccupied until it is eventually sold.

I have now assumed responsibility of all financial affairs on behalf of my parents and would appreciate if any correspondence can be directed to me in the first instance.

Yours faithfully

mollymoo12

I think there is sufficient evidence there on your late father but you may need to explain the exact reasons why your mother needs continuing care away from her home - what care she needs, how often, why she cannot live on her own anymore, how her heart condition affects her health.

You will need to get your mother to sign a declaration, giving you permission to discuss her affairs with you.

If you are successful, also ensure that the exemption is backdated.

Good luck

dfarry

OK will do...thanks for the tips.