Council Tax: Vhronically sick and disabled persons act 1970 c

John_Pierpoint

Does anyone have practical experience of claiming exemption from Council Tax as a result of being "chronically sick and disabled" ?

I am talking about a dementia situation.

CIS

Depends if they meet the criteria for a Class U exemption or not . Who else is resident in the property ?

http://www.harrow.gov.uk/info/200028/council_tax/730/council_tax-exemptions/23

John_Pierpoint

A live-in 24 hour a day carer.

[As an interesting aside, If this person's property qualified and they were taken into hospital/hospice with what turned out to be their terminal illness; what would be the council tax position?]

CIS

A live-in 24 hour a day carer.

I'm assuming the carer is actually resident as their main home ?

If so then the carer may be disregarded as would a person who qualifies as 'severely mentally impaired' (SMI) . As there are two occupiers who are disregarded it would be a 50% discount rather than an exemption,

carer - http://www.direct.gov.uk/en/CaringForSomeone/MoneyMatters/DG_10026440

[As an interesting aside, If this person's property qualified and they were taken into hospital/hospice with what turned out to be their terminal illness; what would be the council tax position?]

A terminal illness isn't covered in legislation - it goes back to 'sole or main residence' question. If they go in to hospital/care home as a permanent move then the property ceases to become their 'sole or main residence' & the property may be covered under a Class E exemption.

John_Pierpoint

No the carer has to come from an agency and is part of a team, sort of pretending to be self employed. This is a situation created by a mixture of employment legislation and minimum wage laws and taxation imposed by HMRC.
Any particular carer may well have a property of their own, though possibly not in the UK; they might be doing a circuit of free board and lodging, to build up capital for some ambition in their native land, or just because the way fate has turned out, they are down on their luck.
Like a lot of situations in modern Britain this bureaucratic interference is in place of a master and servant relationship and a creams off 2/3 rds of the finance involved.

Poppa_G

as I understand it; if the person is in receipt of DLA Care component Or Attendance Allowance the the council don't take into account non dependants. So if the disabled person is below the ceiling of what the government say they need to live on, then they should qualify for 100% ct & housing benefit.

John_Pierpoint

Attendance allowance is not means tested.
As I understand it, as long as they are sufficiently disabled, then they qualify even if they are a millionaire living in Buckingham Palace?
Not widely publicised by local councils - funny that.

CIS

As I understand it, as long as they are sufficiently disabled, then they qualify even if they are a millionaire living in Buckingham Palace?
Not widely publicised by local councils - funny that.

IIRC Attendance Allowance removes any non-dependent deductions for HB/CTB but it isn't a passported benefit, you still have to meet the normal income & capital tests. HB/CTB rules are widely publicised.

For actually claiming AA its dealt with by DWP so the councils have no need to advertise it.

John_Pierpoint

I am now completely confused, I have looked at the form from Harrow Council and as I read it:

A list of people who don't count as residents for Council Tax, starting with those under 18:
.
Reasons why a resident is not counting for Council Tax purposes include the following:-
.
• Aged 17 or under
.
• Living in the property temporarily and who has a main home elsewhere.
.
• Defined as severely mentally impaired
.
• Full – time student
.
• Student nurse
.
• Carer
.
• Care worker
.
• Over 18 but someone else is still entitled to child benefit for them
.
• Held in detention
.
• Apprentices
.
• Main home is a hospital or nursing home (no intention to return to this address)

• School/college leavers who are under 20 and left school/college between 30th April and 1st November
.
• Foreign partner or dependant of a full time student
.
• Youth Trainees
.
• Diplomats
.
• Member of Visiting Forces

So I am talking about a household that normally consists of a dementia sufferer and her carer.

Then it lists the evidence needed to help prove that situation:

•
Disability living allowance care component at the middle or highest rate
•
Attendance allowance
•
Constant attendance allowance
•
Severe disablement allowance
•
Employment and support allowance
•
Incapacity benefit
•
Income support including a disability premium (this includes anyone whose partner has a disability premium for them included in their income-based jobseekers allowance)
•
The disability element of working tax credit
Proof of the relevant allowance much be included with the application

Tick the 24 hour attendance allowance.

Then it asks for a doctor's certificate to confirm the diagnosis and disability.

Where does it say: "prove the applicant is in rented accommodation and their nest egg is running out?"

Sorry to be cynical but my late mother was in much this situation and nobody mentioned "severely mentally impaired" though there was plenty of "needs assessment" (and one member of the team kept on giving me a hard time about "a place of safety", which I took to translate into "a care home").

CIS

I think your getting confused here between Council Tax Benefit and Council Tax.

For Council Tax purposes Attendance Allowance is a qualifying benefit for a Severely Mentally Impaired disregard / class u exemption. This is the form they have sent you. They need to know details of all the occupiers so that they can apply the correct reduction (a disregarded resident carer and a person who is SMI would give a 50% reduction, if the carer is not classed as resident then a Class U exemption would apply).


For Council Tax Benefit purposes they also look at Attendance Allowowance and the occupiers of the property however any non-dependent deductions which would normally be applied are not.

Council Tax liability and Council Tax Benefit are assessed seperately - Council Tax Benefit will only be calculated on charge due once liability is assessed.

If your mother qualifies for an exemption then there will no need for Council Tax Benefit otherwise she will need to claim Council Tax Benefit for the 50% charge which would be due. This claim would , because your mother is in receipt of AA, not apply any non-dependent deductions when calculating any payable Council Tax Benefit.

John_Pierpoint

Ah that makes sense.

I don't think I ever mentioned council tax benefit just the exemption.

My mother passed on 7 years ago, she probably would have qualified in her last few years - but hey if you don't know you don't ask and you don't get.

This present case is on behalf of a friend and in my humble opinion her mother will qualify.