Council tax benefit on dla

ootie

Hi, wonder if anyone can help with this one? I have been awarded hrm and lrc from dla after a drawn out affair. I am massively massively grateful for this, but am still trying to get hrc on the advise of my occupational therapist. I am now putting in for council tax benefit. I am self employed but my business is running at a loss at the moment (recession...). I am in receipt of wtc and ctc and child benefit also. Looking at the benefit calculators on my local council website, it seems that I am definitely entitled to some reduction in my bill. But here's the bit I'm confused about. If I had been awarded mrc or hrc on dla, my older children (they work) would be discounted as earners as they would be classed as my carers (they are my carers!!!). So, if I do get awarded back dated mrc or hrc from dla, does that mean my council tax reduction would be back dated too, as it says council tax benefit won't be back dated? Ever so confused! Thank you in advance for anyone that can help.

fluffymovie

Hi

I think you might be confusing a discount with benefit and I can see why they would be confusing!

I work in benefits but I think CIS works in Ctax so they may be able to advise on any reduction!

Bascially, Council tax benefit is a means tested benefit that looks at income coming into the home be it from you or your non dependent children. If your personal income and that of any partner is low, you may get some Council tax benefit which is calculated according to a number of factors.

If you have grown up children living with you, we usually take a non dependent deduction for them based on the level of their gross earnings but if you are in receipt of DLA, we don't take a deduction meaning that your benefit is based on only your income.

CTB can be backdated if requested and only if you meet what is known as the Good Cause test. This is, you had a good reason for not applying earlier and the maximum time period for this is 6 months. Good cause is things like you were too poorly to enquire or ask anyone to enquire for you, you were misadvised by an official agency such as the LA telling you not to claim etc!

You can apply for discounts on your Council Tax bill regardless of any benefit. The most common is the 25% discount for single adults. If your children are your carers, there is a carer disregard but as I say, I dont' work in Ctax only CTB so not too sure!

Hope this helps a little

Mum2twins98

ootie wrote: »

Hi, wonder if anyone can help with this one? I have been awarded hrm and lrc from dla after a drawn out affair. I am massively massively grateful for this, but am still trying to get hrc on the advise of my occupational therapist. I am now putting in for council tax benefit. I am self employed but my business is running at a loss at the moment (recession...). I am in receipt of wtc and ctc and child benefit also. Looking at the benefit calculators on my local council website, it seems that I am definitely entitled to some reduction in my bill. But here's the bit I'm confused about. If I had been awarded mrc or hrc on dla, my older children (they work) would be discounted as earners as they would be classed as my carers (they are my carers!!!). So, if I do get awarded back dated mrc or hrc from dla, does that mean my council tax reduction would be back dated too, as it says council tax benefit won't be back dated? Ever so confused! Thank you in advance for anyone that can help.

Hi not sure it works this way, if they are living with you they will be counted as earners with regards to council tax, do either of them claim carers allowance for looking after you if you say they do. You will also get a discount on council tax sometimes if you have a room adapted for your disability.

nannytone_2

when i was on benefit including income support and LRC and LRM, my daughter and husband and baby came to live with me. their income wasnt included as they were classed as my carers (which suprised me!) and my council tax didnt go up!

nannytone_2

just another thought. it does ask specifically if you are registered blind. not sure if that makes a difference.

CIS

If I had been awarded mrc or hrc on dla, my older children (they work) would be discounted as earners as they would be classed as my carers (they are my carers!!!). So, if I do get awarded back dated mrc or hrc from dla, does that mean my council tax reduction would be back dated too

Theres no specific rules regarding time limits on the backdating of council tax discounts for carers however the local authority need to be satisfied that you meet the relevant criteria before awarding it.

If you and the person you are caring for live in the same property

You may be entitled to a Council Tax reduction if you are a carer and you:

• live in the same property as the person you are caring for
• provide at least 35 hours a week of care

Also, the person you care for must have one of the following:

• higher rate of the care component of Disability Living Allowance
• higher rate of Attendance Allowance
• an increased Disablement Pension
• an increased Constant Attendance Allowance

The person you are caring for can't be your spouse, partner or child under 18 years old.

Regardless of the carers discount then you may, if you have a room set aside specifically for your use due to disability , the house adapted for wheelchair use if you need to use one inside or an extra kitchen or bathroom/shower room for your use then you may qualify for a disabled band reduction.

real1314

fluffymovie wrote: »

Hi

If you have grown up children living with you, we usually take a non dependent deduction for them based on the level of their gross earnings but if you are in receipt of DLA, we don't take a deduction meaning that your benefit is based on only your income.

CTB can be backdated if requested and only if you meet what is known as the Good Cause test. This is, you had a good reason for not applying earlier and the maximum time period for this is 6 months. Good cause is things like you were too poorly to enquire or ask anyone to enquire for you, you were misadvised by an official agency such as the LA telling you not to claim etc!

1. Just to clarify, it's not any rate or type of DLA that results in adult eraners income being ignored; it has to be DLA Care at Middle or Higher rate.

2. In this case the OP should ask for backdating quoting the good cause as not being able to apply until they had a decision on the DLA award as this award is the change that creates their entitlement.

kingfisherblue

OP, don't forget that if you ask the DLA office to look again at your care award, they can look at you full award, mobility as well. They can reassess the whole award, so it is possible that you could be moved to LRM, even though you have only asked for the care aspect to be looked at.

fluffymovie

real1314 wrote: »

1. Just to clarify, it's not any rate or type of DLA that results in adult eraners income being ignored; it has to be DLA Care at Middle or Higher rate.

2. In this case the OP should ask for backdating quoting the good cause as not being able to apply until they had a decision on the DLA award as this award is the change that creates their entitlement.

Sorry to disagree Real1314 but no non dep deduction is taken if the claimant is in receipt of DLA care at any rate so even lower would be ok. Have double checked the DWP guidance and it does say
"no deduction will be made from your HB if you, or your partner, are receiving the care component of Disability Living Allowance or Attendance Allowance in respect of yourself or your partner or "

The middle and higher care elements only need to be considered in respect of premiums such as enhanced and severe disability.

ootie

Thank you all for your help. No-one gets caring allowance, my older children are both in (badly paid!) work. My younger child is at college and works weekends. Will just fill in the form when it gets here and see what happens. Sorry it's taken me so long to reply and thank you, only just found my message again..... Oh dear I need to practice on here!

burkey365

dla cannot be backdated even if they were to move you up to hrc it would only change from the date you got in touch with them