Council Tax Discount - Can I claim?

CIS

The actual wording of the Council Tax (reduction for disability) regs 1992 is:

Eligible persons
3.—(1) Subject to paragraph (4), a person is an eligible person for the purposes of these Regulations if-

• (a) he is a liable person as regards a dwelling which is the sole or main residence of at least one qualifying individual and in which there is provided-

• (i) a room which is not a bathroom, a kitchen or a lavatory and which is predominantly used (whether for providing therapy or otherwise) by and is required for meeting the needs of any qualifying individual resident in the dwelling; or
  • (ii) 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; or
  • (iii) sufficient floor space to permit the use of a wheelchair required for meeting the needs of any qualifying individual resident in the dwelling; and

• (b) as regards the financial year in question, an application is made in writing by him or on his behalf to that authority.

(2) For the purposes of paragraph (1), and subject to paragraph (3), references to anything being required for meeting the needs of a qualifying individual are references to its being essential or of major importance to his well-being by reason of the nature and extent of his disability.

(3) A wheelchair is not required for meeting an individual's needs if he does not need to use it within the living accommodation comprising or included in the dwelling concerned.

http://www.opsi.gov.uk/si/si1992/Uksi_19920554_en_1.htm

The actual legislation makes no statement on what actually meets the criteria as being of essential or major importance although there has been case law on the issue as the definition has been interpreted differently by various councils.

note that bathroom define a room with bath or shower

Turner J then considered whether, "given the implied statutory purpose of the regulations", the expression "a bathroom" necessarily excluded a shower room, and said that if the expression is used descriptively as being a room in which the person carries out their normal ablutions, whether in a bath or by way of a shower, there was no problem in discovering the proper meaning of the word "bathroom" where it appears in regulation 3
It was held that the valuation tribunal had arrived at the wrong conclusion through concentrating on the single word "bathroom" instead of considering the statutory context and purpose of the regulations. The billing authority's appeal was allowed.

abc123456

CIS wrote: »

The actual wording of the Council Tax (reduction for disability) regs 1992 is:

http://www.opsi.gov.uk/si/si1992/Uksi_19920554_en_1.htm

The actual legislation makes no statement on what actually meets the criteria as being of essential or major importance although there has been case law on the issue as the definition has been interpreted differently by various councils.

note that bathroom define a room with bath or shower

So does that mean that the room where I have a toilet and a sink is not a bathroom for the purposes of this legislation?. but different councils can interpret it as so?
The room is for my sole use as it has support rails, and the fact that I have to use it during the day as a sole means of getting to the toilet does not count? Confused now....

longhotbath

A downstairs loo isnt a bathroom - its a downstairs loo. It doesnt count Im aftraid, as you still go upstairs to bathe/shower and the council will not consider a band reduction necessary. If you were to convert it to a full bathroom/shower room for your SOLE use, then it counts.

Why be embarassed by the adaptations that you need - surely your friends would feel uncomfortable that you feel you have to hide them??

CIS

So does that mean that the room where I have a toilet and a sink is not a bathroom for the purposes of this legislation?

A bathroom cannot be without a bath/shower - this shouldn't be determined differently as its set in case law. The part that can be determined differently is the bit about 'being of essential or major importance'.

pipkin71

abc123456 wrote: »

The room is for my sole use as it has support rails

It's not for your sole use though, is it, because visitors also use the toilet

I have a downstairs toilet. My children don't use it because they don't like the scandia frame so in our family, I could say it was for my sole use, but visitors / friends / family also use the toilet so really it isn't, even though I have the scandia frame IYSWIM.

abc123456

CIS wrote: »

A bathroom cannot be without a bath/shower - this shouldn't be determined differently as its set in case law. The part that can be determined differently is the bit about 'being of essential or major importance'.

'being of essential or major importance' to me means that I need to use it rather than trying to ascend the stairs to use the upstairs bathroom.

It is of major importance to me in that, if I did not have the downstairs toilet/washbasin, I would not make it in time to get to the upstairs bathroom.

The room is for my sole use as I do not let visitors use it, it remains locked, as, apart from the support rails, there are other personal items there which I would not others to see.

I do not need the extra room to bathe/shower, I need it for toilet purposes, and the sink to wash. I suppose it could be argued that if there were no downstairs bathroom, I would mainly be upstairs during the day, or use a commode downstairs - none of which I would like.

I just wonder if it is still worth asking my Council.

Thanks to all for their contributions...much appreciated.

abc123456

I have just taken the bull by the horns and spoken to my Council tax department for clarification of the law.

Their stance on the situation is that...as long as the bathroom meets my needs and is essential to my daily living whilst in the house, it does not need to have a shower or bath in it, and so is elegible for the discount.

Thanks again to all.

mealone

"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"

"The room is for my sole use as I do not let visitors use it, it remains locked, as, apart from the support rails, there are other personal items there which I would not others to see"

All changed since yesterday then?

tenacioust123

If a downstairs toilet enabled a disabled person to get a council tax reduction we would all be claiming. I think you'll find you need something more substantial.

Cases have clarified that if an extra room is required it means that it is additional i.e it would not be required for the relevant purpose if the person were not disabled.

Give it a go and see how you get on.

TT

longhotbath

abc123456, you have already said that visitors use your downstairs loo.

And legally, a bathroom contains a bath or a shower. Otherwise it is just a lavatory.