Council tax discount for wheelchair users.

bribri_2

I have applied for a CT discount as my son has a chair with wheels albeit not a traditional wheelchair.

I was turned down. Each time I ask for an explanation, I am sent a copy of the regulations. Yet these state that one of three conditions apply including the use of a wheelchair.

Has anyone else received this discount or appealed and had a better explanation?

Thank you

julesgr

My parents receive the discount, but it isn't just because dad's in a wheelchair, you have to show how the house id adapted for the person using the wheelchair, in dad's case this is the living room doubles as his bedroom, and extra floor space is needed for turning space for the wheelchair etc. It's given I believe because the house cannot be used to the "full potential"

Morglin

You may be entitled to a reduction in Council Tax if you are disabled or have a disabled person living with you.

Disabled band reduction scheme

The disabled band reduction scheme aims to ensure that disabled people do not pay more Council Tax because they live in a larger property than they would have needed if they were not disabled. Having a disability does not automatically entitle you to a reduction.

In summary, the requirements for a reduction are that the property must be the main residence of at least one disabled person and it must have at least one of:

*an additional bathroom or kitchen,
*any other room (not being a toilet) which is mainly used by the disabled person, or
*enough space for the use of a wheelchair - if the wheelchair is for outdoor use only, this will not count
*The room or the wheelchair must also be essential or of major importance to the disabled person's well-being, due to the nature and extent of their disability.

'Disabled person' in this context means a person who is substantially and permanently disabled. The disabled person can be either an adult or a child and does not have to be responsible for paying the Council Tax bill.

An extra room does not need to have been specially built, but your home will not qualify for a reduction unless the 'essential or of major importance' test above is met. Simply rearranging rooms (for example, having a bedroom on the ground floor rather than the first floor) is unlikely to make your home eligible for a reduction.

What reduction you may get

If your home is eligible, your bill will be reduced to that of a property in the next Council Tax band down. For example, a Band D property will be charged a Band C rate. Even if your property is in Band A (the lowest band) you will still receive a reduction. It will be the same in cash terms as the reductions for homes in Band B, C or D.

Other Council Tax reductions for disabled peoplePeople who are severely mentally impaired:

For Council Tax purposes, a person is severely mentally impaired if they have a severe impairment of intelligence and social functioning which appears to be permanent. To be eligible for a Council Tax reduction, the person will need a doctor's certificate saying that they are severely mentally impaired and to be entitled to one of the following benefits:

*Incapacity Benefit
*Disability Living Allowance care component at the middle or highest rate
Attendance Allowance
*Constant Attendance Allowance
*Severe Disablement Allowance
*Income Support including a disability premium (this includes anyone whose partner has a disability premium for them including in their income-based Jobseeker's Allowance
*the disability element of Working Tax Credit

If the person is over State Pension age but would have been entitled to one of the above benefits if they were under State Pension age, they may also be eligible for a reduction.

People who are severely mentally impaired are not counted when adding up the number of people in a property. So for example if a husband and wife were living together and one had a severe mental impairment, they would get the usual discount of 25% that a single adult living alone would get. No Council Tax is payable on a property occupied solely by people with a severe mental impairment.


People receiving care in their own home

In some circumstances, though not for example if you are receiving care from your spouse or partner, a resident carer is not counted when adding up the number of people in a property. So for example if just you and a carer live in your home then a 25% single person discount may apply.

http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/DG_10026451

Lin

babyd32

bribri wrote: »

I have applied for a CT discount as my son has a chair with wheels albeit not a traditional wheelchair.

I was turned down. Each time I ask for an explanation, I am sent a copy of the regulations. Yet these state that one of three conditions apply including the use of a wheelchair.

Has anyone else received this discount or appealed and had a better explanation?

Thank you

hiya

we applied for and qualified for a discount for my severely disabled son. He uses a chair in the house, and it's like you say not a traditional wheelchair. I applied on-line to my local council and told them this and explained that he uses equipment for feeding i.e. a pump and that he receives DLA high rate care.

bribri_2

Thanks Babyd32
Did you make any changes to your property?

MORGLIN quotes the regs and in my case the bit that matters is:
"*enough space for the use of a wheelchair - if the wheelchair is for outdoor use only, this will not count

• - YES the wheelchair is for indoor use

*The room or the wheelchair must also be essential or of major importance to the disabled person's well-being, due to the nature and extent of their disability.

and yes, without the wheelchair, my son can't sit at the table with us or play at the table etc.

I know I am missing the point and thus failing somewhere, but I haven't worked out what that point is.

What is the hurdle I need to jump to satisfy the regs?

CIS

The property must have been adapted for wheelchair use ie the doors have been widened.

If this is the case, you need to ask you local council to send an inspector out. In our area we would send an inspector out on request.

babyd32

bribri wrote: »

Thanks Babyd32
Did you make any changes to your property?

MORGLIN quotes the regs and in my case the bit that matters is:
"*enough space for the use of a wheelchair - if the wheelchair is for outdoor use only, this will not count

• - YES the wheelchair is for indoor use

*The room or the wheelchair must also be essential or of major importance to the disabled person's well-being, due to the nature and extent of their disability.

and yes, without the wheelchair, my son can't sit at the table with us or play at the table etc.

I know I am missing the point and thus failing somewhere, but I haven't worked out what that point is.

What is the hurdle I need to jump to satisfy the regs?

Hiya

No I didn't make any adaptations to the property - we've only just moved in. The doors did not need to be widened as far as I was aware - I'm under the same impression as you, if there is enough space for a wheelchair you should qualify. I was told over the phone at first that I wouldnt qualify because the property would need to have been adapted, but I decided to apply anyway (online) because I knew from what I read that I was entitled - this is what it says on the online application form

Grounds for Application

The property has at least one of the following special facilities, which is required to meet the needs of the disabled person

Select one from the following 3 options *

Sufficient floor space for someone who uses a wheelchair within the home.

A room (not a bathroom or kitchen or lavatory) which is used mainly by and is needed to meet the special needs of the disabled person

An additional bathroom or kitchen which is required to meet the needs of the disabled person



So you clearly do qualify under the option highlighted - you do not need to have had any adaptations.

I think a lot depends on who you manage to speak to. Where abouts do you live? Maybe they are more strict with the rules where you are. I'm in the West Midlands. What type of chair is it? (sorry if you think I'm being nosey).

bribri_2

I live in the London borough of Haringey.

An inspector came to my first floor flat and apparently said to my wife that we would need to make alterations to the width of the landing to qualify. This would be impossible without narrowing a wall. We have taken off a door to ease access

Are they being strict and the regs don't require alterations or not? Is there some case law which elaborates on the matter?

the chair is by Leckie.

babyd32

hi

Personally I think they are being rather harsh with their rules because if you look at the direct.gov website here http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/DG_10026451

it makes no mention of adaptations being made but if you look at Haringey's wording here on page 84 http://www.haringey.gov.uk/council_tax_and_business_rates_for_2007-2008.pdf it does state that adaptions meed to be made - sounds like they're either making up the rules or don't know what they are.

I don't know what else to suggest - maybe citizens advice or your MP.

Sorry I can't be of more help.

Morglin

I recieved it when I lived in London, because the council had provided me with a "wet room" because I couldn't use a standard bathroom.

If your son is a wheelie user, do you intend to have this done in your house?

Funds are provided (whether house owner or not, but dependant on income), via the DFG system.

Disabled Facilities Grant (DFG)

What is it for and who can apply?

Mandatory DFG
What is it for?

Essential works to give better freedom of movement into and around the home.
Access to essential facilities within the home.
The provision of essential facilities where necessary.
Certain works to make the dwelling safe for disabled occupants and any other persons living with them.

Who can apply?
Applicants must be either the owner or tenant of the dwelling. They do not always have to be the person with the disability, but they should clearly indicate on the application who the grant is for. A landlord may apply on behalf of a tenant with a disability.

How do I apply?

The first step is to contact the County Council's Adult Care Services or Children, Schools & Families Service to ask for an Occupational Therapist to visit and make an assessment of the disabled person's needs at your home.

The Occupational Therapist makes an assessment of the disabled person's needs and recommends the works deemed necessary and appropriate to meet those needs . The works must also be reasonable and practical to do given the age and condition of the property.

Once the Occupational Therapist has made a written referral to the Council, you will be contacted by the Council's Environmental Health Service to arrange the next stage in the process.

How much is the grant and how is it calculated?

All grant applications are subject to a statutory financial means assessment, which means that you will not automatically qualify for a grant.

This assessment looks at the resources of the disabled person and their spouse or partner, and is used to determine how much, if anything, they must contribute towards the cost of the works. The less money a person has, the less they will have to pay towards the cost, and in some cases they will have to pay nothing at all.

If the disabled occupant is less than 18 years old, then they will definitely not have to pay towards the costs. If the cost of the eligible works is less than the applicant's calculated contribution, no disabled facilities grant will be paid (see Discretionary Disabled Assistance below). The maximum assistance available under this scheme is £25,000.

What happens next?

Following a test of resources, a visit will be made to your home and you will be informed whether you qualify for a grant and, if so, how much you are entitled to. You, or an agency acting on your behalf, can then arrange for a valid application (including a plan, specification and estimates) to be made, and once the grant is approved in writing, you can then arrange for the work to be carried out by the agreed contractor. Once the work has been completed and checked, your grant entitlement will be released.


Discretionary Disabled Assistance

What is it for?

Increasing the assistance considered for works eligible for mandatory DFG when the reasonable cost of the required works exceeds the set maximum limit for mandatory assistance. This is known as Supplementary Disabled Facilities Assistance and will be subject to a financial means test.
Adaptations or improvements (other than those eligible for mandatory assistance) to make the dwelling more suitable for the accommodation, welfare, or employment of the disabled occupant. This is know as Discretionary Disabled Adaptations Assistance and will be subject to a financial means test.
Assisting disabled persons in receipt of Disability Living Allowance, Attendance Allowance, or other relevant disability benefit, irrespective of financial status, to undertake disabled facilities adaptations up to a maximum of £5000, specifically where access to a Mandatory Disabled Facilities Grant has proved problematic. This is known as Transferred Disabled Facilities Assistance.
Assisting a person with a disability to move to more suitable property where it is more cost effective than adapting their current home, even though the proposed new property may still require some adaptation to make it suitable. This is known as Relocation Disabled Assistance and will be subject to a financial means test.
Assisting an applicant for a Mandatory Disabled Facilities Grant who has a contribution to make according to the outcome of the financial means test, with a loan where appropriate to cover that contribution if that is the only option to enable agreed adaptation works to proceed. This is known as Discretionary Disabled Contribution Loan.

Who can apply?
Applicants must be either the owner or tenant of the dwelling and have made an enquiry or application for a Mandatory Disabled Facilities Grant.

What type of assistance is it?
The assistance is most likely to be in the form of an interest-free loan, repayable only when the property is sold or transferred. Occasionally, when the applicant's equity in the property is limited or the works required cost less than £10,000.00, the assistance will be in the form of a grant. Any loan would be subject to a one-off administrative fee, currently £230.00.

If work of this type was done, then the reduction in CT banding would be applicable.

If any of this is any help, then contact your local Social Services for them to come out and see you.

Lin

bribri_2

Thank you both Morglin and Babyd32.

I shall trawl through some other council websites and see whether their guidelines differ from Haringey or the government regulations.

The info from Morglin I will store until we move.

Thank you