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MSE News: You may be able to reclaim £1,000s in council tax

10,000s of people who've lived with someone with a 'severe mental impairment' may be able to reclaim council tax...
Read the full story:
'Lived with someone with Alzheimer's, Parkinson's or a similar illness? You may be able to reclaim £1,000s in council tax'
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Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    A Class U exemption will apply when only people who are disregarded as severely mentally impaired are resident in a property.

    The point regarding backdating is also an issue now - case law and tribunal decisions now restrict backdating to a period of 6 years (as per the Limitation Act 1980) . There is a possibility an argument could be made under S32 of the Limitation Act 1980 (which covers mistakes) but this has not yet been tested in a case.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • silvermum
    silvermum Posts: 249 Forumite
    Part of the Furniture 100 Posts Photogenic Name Dropper
    Does anyone know how the judgement about what constitutes 'severely mentally impaired' is made?
    My father had Parkinson's for 3 years, living alone in sheltered accommodation with definite cognitive impairment in my opinion, but only saw his GP/consultant once or twice a year.
    He paid full Council Tax -25% single household discount. Just wonder if I should try to make a retrospective claim?
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    silvermum wrote: »
    Does anyone know how the judgement about what constitutes 'severely mentally impaired' is made?
    My father had Parkinson's for 3 years, living alone in sheltered accommodation with definite cognitive impairment in my opinion, but only saw his GP/consultant once or twice a year.
    He paid full Council Tax -25% single household discount. Just wonder if I should try to make a retrospective claim?
    The decision has to be made by a 'registered medical professional' i.e. a Dr ,that he was SMI for the period in question- he would also have to be entitled to a qualifying benefit.

    Three years is certainly within the realms of what can be backdated (with the proof).

    Craig
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • silvermum
    silvermum Posts: 249 Forumite
    Part of the Furniture 100 Posts Photogenic Name Dropper
    OK - have sent off a letter with GP/consultant letters. Fingers crossed!
  • Patr100
    Patr100 Posts: 2,710 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 2 February 2017 at 6:01PM
    I found out about this by accident a couple of years ago while casually reading about all the other exemptions online. Mum has vascular dementia. With the confirmation from the local council, at the time, if I recall correctly, she got £6000 in back payments (about 3 years plus )which was done automatically presumably from some date indicated by the GP (from patient history/medical records ) who provided the letter.
  • partner got SMI Class U backdated for 10 years.
  • winnanan
    winnanan Posts: 28 Forumite
    Our son who has Downs’ lived with my husband and myself from his 18th Birthday in 2010 ( when he was still at school and then later at residential college)up until he moved out to Supported Living in June 2014. He now gets SMI exemption in his present situation so surely should have had it when he lived with us, but when we enquired by phone were told it was only applied if we had to have an extra room for him or adaptions. Can I get it backdated? Any help or advice really appreciated, thanks
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