council tax summons...

ITISME_3

Recently our council tax rules changed
I am a full time carer for my severely mentally impaired adult daughter.
When they made the local changes I had a letter saying it might affect our benefits. I called them and was told I would not be affected because my disabled daughter gets ESA support group and high care and mobility dla for life.
However I then received a bill for council tax I rang them and they said I should not be paying that or the rent I had already been paying for a year.
I waited then got told I should be paying it. On their site it said severely mentally impaired are exempt from council tax.
I pointed this out and for weeks when I rang they kept telling me they were dealing with it and it would be a couple of weeks.
I have been emailing with them too and yesterday I received a summons
for the council tax which I have been in dispute with waiting for them to come back to me after each call.

Can you advise me what to do. I would have made my daughter joint tenant in March which would have stopped her being charged and given her full benefit. But they kept giving me conflicting information,
They only changed their site yesterday to remove what it said about severely mentally impaired.

Any advice please.

Horseunderwater

Just pay up for now and argue about it later. If you are in the right then they will refund your money - problem is that it has now got to court summons stage and unless this is sorted quickly will result in a lot of extra money being added to the bill.

ITISME_3

Horseunderwater wrote: »

Just pay up for now and argue about it later. If you are in the right then they will refund your money - problem is that it has now got to court summons stage and unless this is sorted quickly will result in a lot of extra money being added to the bill.

I was under the impression... rightly or wrongly that a bill in dispute could not be taken to court. Whilst discussing the matter as to whether owed. Surely I should not have been taken to court and they should have sent me letters telling me they would take the action?

Also on Benefits and paying part rent. Cannot afford to pay it in full. No means or resources to do so. It is in my name but I get income support an carers allowance.
I am exempt from council tax and rent but have to pay for my daughter.

It was them who told me I should not be paying it.

princessdon

Do you have a doctors note for severe impairment, have you applied for this exemption?

CIS

I was under the impression... rightly or wrongly that a bill in dispute could not be taken to court

The law requires payment as per the latest notice you have been sent irrespective of any disputes over council support / council tax benefit.

On their site it said severely mentally impaired are exempt from council tax.

Only if they are the sole occupier otherwise they are only disregarded for council tax purposes and you then may receive a 25% reduction depending on any other occupiers. You may also be entitled to claim a council carers discount but again its dependent on any other residents.

You really need to speak with the council tax team rather than the benefit team and ask them regarding any discounts.

cattie

ITISME wrote: »

On their site it said severely mentally impaired are exempt from council tax.

If this exemption applies to you, your GP would have signed a form for the council tax dept. & you would then have received a letter & statement from the council tax office stating that property occupied by person who is severely mentally impaired & that council tax payable for the year is £0.

Did you ever receive such documentation?

nannytone_2

if the OP's daughter is not a joint tenant of the property then surely she would have no council tav liability?

this would mean that even though she would be exempt if she were liable.... means nothing because the liability is the OP's

not sure that makes sense, but i know what i mean ... just hope you all do too

CIS

if the OP's daughter is not a joint tenant of the property then surely she would have no council tav liability?

Tthe daughter can still be disregarded as SMI but the liability is the mothers for any charge due - even if they were joint tenants then the daughter would cease to be jointly liable once disregarded as SMI.

nannytone_2

CIS wrote: »

Tthe daughter can still be disregarded as SMI but the liability is the mothers for any charge due - even if they were joint tenants then the daughter would cease to be jointly liable once disregarded as SMI.

was almost what i was trying to say lol

the OP seems to asuggest that the household would be exempt from council tax because of the daughters exemption.
but the mothers liability still remains regardless

ITISME_3

They issued court proceedings and I informed the court and they said to attend. However they admitted they had made an error as my daughter is exempt from paying council tax and they had not updated their system correctly. They have now removed all the charges and court costs and apologised.

Thanks everyone.