Backclaiming council tax disability relief

jools61

This is a question re applying for reduction on council tax for the use of a room in the house for a disabled person.

My father died recently. He was 90 and owned his own house where he lived with my brother and his wife. Because he couldn't get up the stairs, dad slept downstairs in what used to be the dining room.

Although dad has died, my brother and his wife lived in the same property and paid council tax too. But they weren't claiming a reduction on their council tax for the use of the downstairs room as a bedroom/treatment room. Over many years the room was used to provide treatment by a nurse, who used to visit regularly. Would they have been entitled to claim?

If so, would my brother be able to claim back the amount of council tax that was overpaid? Because dad has died and the house was in his name, I don't know if this is possible.

rogerblack

jools61 wrote: »

This is a question re applying for reduction on council tax for the use of a room in the house for a disabled person.

Was he getting any disability benefits?
In some cases, some disability benefits will automatically entitle you to others.

It may - if the other benefit automatically entitled a reduction in the household council tax - but this hadn't been taken off - you could get the amount refunded.

If he was not claiming benefits, it's unlikely - as I understand the general benefits system - that he (or you of course, as the executor) could claim anything backdated more than a few months, though I haven't looked into the details of backdated claims of attendance allowance.

kurgon

It's not an automatic payment and needs to be applied for and assessed. Only then will any reductions be made, so you cannot back-date it.

CIS

There is nothing in Council Tax legislation to prevent backdating of any discount or exemption (including a disabled band reduction) providing that suitable evidence can be provided that he qualified for it. You or your mother can lodge this claim on your late fathers behalf.

A treatment room set aside specifically for the use of a disabled person would be sufficient in most cases to claim the reduction (assuming you met the other requirements).

Further info here - http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/Taxreliefandreductions/DG_10026451

sunnyone

jools61 wrote: »

This is a question re applying for reduction on council tax for the use of a room in the house for a disabled person.

My father died recently. He was 90 and owned his own house where he lived with my brother and his wife. Because he couldn't get up the stairs, dad slept downstairs in what used to be the dining room.

Although dad has died, my brother and his wife lived in the same property and paid council tax too. But they weren't claiming a reduction on their council tax for the use of the downstairs room as a bedroom/treatment room. Over many years the room was used to provide treatment by a nurse, who used to visit regularly. Would they have been entitled to claim?

If so, would my brother be able to claim back the amount of council tax that was overpaid? Because dad has died and the house was in his name, I don't know if this is possible.

This room was used as a bedroom and everyone has a bedroom and not as a seperate treatment room so it wouldnt be classed as such for a council tax band reduction, I trid several times to claim this and even though my home is heavily adapted it wasnt until I needed to wheel around my home that I got the reduction.

pwales_2

it will be a band reduction not a benefit entitlement.
you will have to be able to give good reason and evidence, as to why the band reduction was not done at the correct time.

when i did it the maximum back date was 3 months ,

i got the 3 months backdate on band reduction.

the reason i gave was i was not aware that a scheme existed and i had been asking for help and no one told me when i asked then i read about it at the doctors in a lft so phoned them as soon as i new about it.

CIS

when i did it the maximum back date was 3 months ,

i got the 3 months backdate on band reduction.

Any time limit in an arbitrary one set by the council - the shouldn't be doing this. They should be applying the reduction for any as long as there is sufficient evidence of entitlement.

This room was used as a bedroom and everyone has a bedroom and not as a seperate treatment room so it wouldnt be classed as such for a council tax band reduction, I trid several times to claim this and even though my home is heavily adapted it wasnt until I needed to wheel around my home that I got the reduction.

As a bedroom they wouldn't as everyone is regarded as needing one - but as a treatment room there should be no reason why they wouldn't qualify as long as the room was used for their use only. Treatment being assumed to be more than just being in bed and being given tablets etc, it would need to be something more than that.

paddedjohn

my wife treats me in the bedroom, can i get a reduction?:D

jools61

Thanks for replies everyone.