Council Tax Discount - Can I claim?

I suffer from severe spinal nerve damage which affects my mobility and toilet needs. I receive higher rate care and mobility DLA. It has not occurred to me previously that I may be entitled to a Council tax discount for the following reason.

I live in a two storey property, not by choice. I have difficulty in ascending/descending the stairs, but do so to go to bedroom which unfortunately is upstairs.
Fortunately the house has a downstairs bathroom which I have to use during the day, rather than having to ascend/descend the stairs every hour ro go to the upstairs family bathroom. I also suffer urgency incontinence which means I can only use the downstairs bathroom during the day.
The downstairs bathroom has toilet support rails, which are not fixed, as we do get visitors and I don`t want it to look like a hospital. Also I would feel embarrassed if vistors see them, so if I know that vistors are coming, my wife can remove them. So, I presume this is a removeable adaptation.
The bathroom also has all my bits and pieces, eg ointments etc which I need to assist with my toilet needs.

Would I be entitled to a Council Tax discount on the basis that I require this extra bathroom to be where it is for my daily care and mobility needs, or does the fact that the support aids are not fixed mean that it would be considered as just another bathroom, and hence not qualify for any disablement discount There is only my wife (carer) and I.

Any advice would be appreciated.
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Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    There needs be either

    Room for a wheelchair that needs to be used indoors
    or
    A room used specifically for the disabled person (ie dialysis room)
    or
    An extra bathroom,kitchen used for meeting the needs of the disabled person.(doesn't have to specifically have fixed aids)

    You need to apply to your local authority and request a disabled band relief reduction (this would drop you one band or to 5/9ths of the charge of a Band D property if yoru in a Band A already)
    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.
  • abc123456
    abc123456 Posts: 352 Forumite
    CIS wrote: »
    There needs be either

    Room for a wheelchair that needs to be used indoors
    or
    A room used specifically for the disabled person (ie dialysis room)
    or
    An extra bathroom,kitchen used for meeting the needs of the disabled person.(doesn't have to specifically have fixed aids)

    You need to apply to your local authority and request a disabled band relief reduction (this would drop you one band or to 5/9ths of the charge of a Band D property if yoru in a Band A already)

    We do have that extra bathroom which I need to be there because of my needs, so suspect that I can apply for the CT reduction. Thanks CIS.
  • mealone
    mealone Posts: 527 Forumite
    500 Posts
    Having a downstairs toilet with removable bars wont get you a council tax band reduction, especially because the bars are removable so others can use it.

    The first time I applied the council came and looked around and refused me even with a stairlift, adapted shower, toilet frames, monkey bar over the bed, ramped access and special chairs both upstairs and downstairs.

    I have the discount now because I need a wheelchair indoors now.
  • abc123456
    abc123456 Posts: 352 Forumite
    mealone wrote: »
    Having a downstairs toilet with removable bars wont get you a council tax band reduction, especially because the bars are removable so others can use it.

    The first time I applied the council came and looked around and refused me even with a stairlift, adapted shower, toilet frames, monkey bar over the bed, ramped access and special chairs both upstairs and downstairs.

    I have the discount now because I need a wheelchair indoors now.

    Does that mean councils are different on how they assess home?, as our Council states an extra bathroom for my use is all that would be required. I will check with my Council.
  • tenacioust123
    tenacioust123 Posts: 276 Forumite
    abc123456 wrote: »
    Does that mean councils are different on how they assess home?, as our Council states an extra bathroom for my use is all that would be required. I will check with my Council.

    If it's just a down stairs toilet then you are unlikely to get a reduction. It usually has to be a substantial alteration to your house to accomodate your needs.
  • abc123456
    abc123456 Posts: 352 Forumite
    If it's just a down stairs toilet then you are unlikely to get a reduction. It usually has to be a substantial alteration to your house to accomodate your needs.

    The guidance booklet does`nt say anything about a substantial alterations, it just says a room like a bathroom or kitchen etc used for meeting the needs of the disabled person.
    Is it a case of what is in an info booklet is not what is applied when decisions are being made.?
  • abc123456
    abc123456 Posts: 352 Forumite
    Just had some info from a lawyer friend. As I live in Scotland, the Council Tax (Reduction for Disabilities)(Scotland) Regs 1992 come into play and say that as I am permanently and substantially disabled, I am a "qualifying person".

    As my house is my sole residence, I am entitled to a reduction of one band of Council Tax, being a band D property. The law says, in my case that "a bathroom or kitchen which is not the only bathroom or kitchen within the dwelling and which is required for meeting the needs of any qualifying individual resident in the dwelling" is sufficient to invoke entitlement to the discount. There is no mention of fixed adaptations, simply that the presence of the bathroom there, meets my needs.
  • mealone
    mealone Posts: 527 Forumite
    500 Posts
    All you can do is try but your downstairs loo isnt for your sole use nor was it created for your needs, its always been there and dosnt have any permint adaptions for you.

    I got refused with a lot more adaptions than you have, even my seperate adapted shower which is for my sole usage wasnt enough because others used that bathroom.

    The first point of contact is usually a phone call then a home inspection.

    Good luck with your application and let us know how you get on.
  • tenacioust123
    tenacioust123 Posts: 276 Forumite
    abc123456 wrote: »
    The guidance booklet does`nt say anything about a substantial alterations, it just says a room like a bathroom or kitchen etc used for meeting the needs of the disabled person.
    Is it a case of what is in an info booklet is not what is applied when decisions are being made.?

    Sorry, is it just a toilet or is it a bathroom that contains a bath/shower and toilet?
  • pipkin71
    pipkin71 Posts: 21,821 Forumite
    abc123456 wrote: »
    IThe downstairs bathroom has toilet support rails, which are not fixed, as we do get visitors and I don`t want it to look like a hospital. Also I would feel embarrassed if vistors see them, so if I know that vistors are coming, my wife can remove them. So, I presume this is a removeable adaptation.

    I have a scandia toilet frame in my downstairs bathroom, and it took me a while to get used to visitors seeing it, using it ect, but they thought nothing of it. I was the one with the embarrassment, but my [STRIKE]visitors[/STRIKE] friends know I need it and they think nothing of it.

    I think the more your wife removes the aids, the less likely you will overcome your embarrassment. Friends will honestly think nothing of aids being there to help you.
    There is something delicious about writing the first words of a story. You never quite know where they'll take you - Beatrix Potter
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